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When a grantor is considered an owner of the trust for income tax purposes but has relinquished rights to the assets in the trust in a way that allows the grantor to not be considered the owner of the assets for estate tax purposes, this is called an Intentionally Defective Grantor Trust.
(a) A trust may be modified or terminated by the written consent of the settlor and all beneficiaries without court approval of the modification or termination.
Key Takeaways. Revocable trusts, as their name implies, can be altered or completely revoked at any time by their grantorthe person who established them. The first step in dissolving a revocable trust is to remove all the assets that have been transferred into it.
The most common power that creates grantor trust status is the power to substitute assets in a non-fiduciary capacity with assets that have the same fair market value as the assets in the trust. To toggle off grantor trust status the grantor must release this power.
Changing the status of a grantor trust can result in many tax consequences, some of which may require the trust to pay more income taxes than if the income were taxed on the grantor's tax return.