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Crummey Letter Overview When gifts are put into the trust, the Crummey notice must be delivered to beneficiaries. The letter must state the amount of the gift. The Crummy letter must inform each beneficiary that they can take out money from the trust and do so immediately.
This means the value of a gift without a Crummey letter is deducted from the givers lifetime estate and gift tax exemption. In other word, a gift to trust without a Crummey letter, does not avoid any estate tax. In practice, trust beneficiaries rarely if ever exercise their withdrawal right.
Crummey Powers give a beneficiary the temporary right, usually 30 to 60 days, to withdraw the funds immediately after you contribute a gift to the trust. If the beneficiary does not exercise that right, the right lapses and the property becomes a permanent part of the trust.
To alert the beneficiaries that the trust creator has made a gift and that they have a short time to withdraw part if they wish, the trustee sends beneficiaries a ?Crummey notice?. It is named after a legal case about withdrawal rights.
The Crummey letter must specify the exact amount of the gift. Notices must tell the beneficiaries that they have a right to make withdrawals of gifts to the trust and that the right to do so takes effect immediately. The notice must specify how long they have to exercise the option to make a withdrawal.