Alabama Grantor Retained Income Trust with Division into Trusts for Issue after Term of Years
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How to fill out Grantor Retained Income Trust With Division Into Trusts For Issue After Term Of Years?
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FAQ
UDT stands for under declaration of trust," and this indicates that the grantor and the trustee are the same individual. The grantor maintains control over the assets they've placed into the trust, and they can only do that if the trust is revocable.
A trustee who manages more than one trust can combine them as long as the law does not prohibit her from doing so. The Uniform Trust Code typically allows this practice, as long as it does not conflict with the grantor's wishes, beneficiaries' rights or performance of the trusts.
Beneficiaries. The grantor may be the sole beneficiary of the trust's income during his/her lifetime, but a designated spouse, children, charities, or other named individuals will become beneficiaries when the grantor dies. At that point, generally, the trust becomes unchangeable irrevocable.
Upon the death of the grantor, grantor trust status terminates, and all pre-death trust activity must be reported on the grantor's final income tax return. As mentioned earlier, the once-revocable grantor trust will now be considered a separate taxpayer, with its own income tax reporting responsibility.
If the grantor wishes to achieve a step-up in basis of an appreciated asset held by an IDGT upon the grantor's death (i.e., by holding the asset in the grantor's name at death and thereby having the asset included in the grantor's taxable estate), the grantor may exercise the power of substitution to swap such an asset
Upon the death of a Trustor, a trust typically becomes irrevocable (i.e. it cannot be changed) and at that point there is a change of Trustee. The Trust document typically names a Successor Trustee, who is the person responsible for administering the Trust at that point.
When the grantor of the IDGT dies, the only item included in the grantor's gross estate is the installment note. It is included at its fair market value. That means that the IDGT froze the value of the assets as of the sale date with any future appreciation in asset value occurring outside of the decedent's estate.
At the end of the initial term retained by the Grantor, if the Grantor is still living, the remainder beneficiaries (or a trust to be administered for the benefit of the remainder beneficiaries) receive $100,0000 plus all capital growth (which is the amount over and above the net income that was paid to the Grantor).
Trust Provisions For example, one trust docu- ment may allow the trustee to merge two or more trusts as long as the trusts have substantially similar terms and the beneficiaries of each are identical.
You might believe that if one living trust is a good thing, then multiple trusts must be even better. To be clear, yes, you may have one, two, or more living trusts. As with all estate planning questions, though, whether or not multiple trusts make sense for you depends on your circumstances.