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The Crummey Letter is a letter that is sent to the beneficiaries of an irrevocable trust informing them of that a gift has been made to the trust, and that they have the immediate and unrestricted right to withdraw those assets.
A Crummey letter is a written document detailing what the Crummey power is being given to beneficiaries so the funds are eligible for the gift tax exclusion. The IRS mandates that Crummey letters be sent to trust beneficiaries, so the Crummey notice is vital.
A "5 by 5 Power in Trust" is a common clause in many trusts that allows the trust's beneficiary to make certain withdrawals. Also also called a "5 by 5 Clause," it gives the beneficiary the ability to withdraw the greater of: $5,000 or. 5% of the trust's fair market value (FMV) from the trust each year.
What Is 5 by 5 Power? A 5 by 5 power clause in a trust document gives the beneficiary the right to withdraw either $5,000 or 5% of the fair market value of the trust account per year, whichever is greater. This is in addition to the regular income payout benefit of the trust.
Crummey trusts can be used for transferring wealth, and they're also useful for college planning. For example, you could specify that the money in the trust should be used to pay for college. Or you could specify that your child can't access the money until they've completed college or reached a certain age.