District of Columbia Irrevocable Trust Agreement for Benefit of Trustor's Children and Grandchildren with Spendthrift Trust Provisions

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Multi-State
Control #:
US-02272BG
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Description

A Trust is an entity which owns assets for the benefit of a third person (beneficiary). Trusts can be revocable or irrevocable. An irrevocable trust is an arrangement in which the trustor departs with ownership and control of property. Usually this involves a gift of the property to the trust. The trust then stands as a separate taxable entity and pays tax on its accumulated income. Trusts typically receive a deduction for income that is distributed on a current basis. Because the trustor must permanently depart with the ownership and control of the property being transferred to an irrevocable trust, such a device has limited appeal to most taxpayers.


A spendthrift trust is a trust that restrains the voluntary and involuntary transfer of the beneficiary's interest in the trust. They are often established when the beneficiary is too young or doesn't have the mental capacity to manage their own money. Spendthrift trusts typically contain a provision prohibiting creditors from attaching the trust fund to satisfy the beneficiary's debts. The aim of such a trust is to prevent it from being used as security to obtain credit.

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  • Preview Irrevocable Trust Agreement for Benefit of Trustor's Children and Grandchildren with Spendthrift Trust Provisions
  • Preview Irrevocable Trust Agreement for Benefit of Trustor's Children and Grandchildren with Spendthrift Trust Provisions
  • Preview Irrevocable Trust Agreement for Benefit of Trustor's Children and Grandchildren with Spendthrift Trust Provisions
  • Preview Irrevocable Trust Agreement for Benefit of Trustor's Children and Grandchildren with Spendthrift Trust Provisions
  • Preview Irrevocable Trust Agreement for Benefit of Trustor's Children and Grandchildren with Spendthrift Trust Provisions

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FAQ

Thus, there are two benefits of creating a spendthrift trust:It protects the grantor and beneficiary from wasting or selling the assets; and.It protects the assets from any creditors of the beneficiary.

A spendthrift trust is a type of trust that limits your beneficiary's access to assets. Instead of receiving their inheritance all at once, the funds are released incrementally. It serves as a protection mechanism against bad spending habits, as well as creditors.

Lifetime Spendthrift Trust This type of trust provides for the beneficiary for a lifetime. The terms can vary. Typically, there might be a monthly distribution to the beneficiary of, for example, $3,500 for the lifetime of the beneficiary.

Distributing assets from an irrevocable trust requires that the assets first be part of the trust's corpus. Tax laws allow trusts to recover the after-tax money locked up in the corpus as tax-free return of principal. Trusts pass this benefit along to their beneficiaries in the form of tax-free distributions.

Irrevocable Trusts Generally, a trustee is the only person allowed to withdraw money from an irrevocable trust. But just as we mentioned earlier, the trustee must follow the rules of the legal document and can only take out income or principal when it's in the best interest of the trust.

Removal by Trustee. Inform the asset-management company of the death of the settlor--the person who set up the trust. Beneficiaries must receive a notice informing them of their right to see the terms of the trust. The asset-management firm will request beneficiary information from you to disburse funds.

An irrevocable spendthrift trust is a type of trust that either limits or altogether prevents a beneficiary from transferring or assigning his or her interest in the income or the principal of the trust.

The only three times you might want to consider creating an irrevocable trust is when you want to (1) minimize estate taxes, (2) become eligible for government programs, or (3) protect your assets from your creditors.

So, when asking the question can you change beneficiaries in an irrevocable trust? the answer is generally no you normally cannot change the aspects of an irrevocable trust, like changing beneficiaries.

But assets in an irrevocable trust generally don't get a step up in basis. Instead, the grantor's taxable gains are passed on to heirs when the assets are sold. Revocable trusts, like assets held outside a trust, do get a step up in basis so that any gains are based on the asset's value when the grantor dies.

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District of Columbia Irrevocable Trust Agreement for Benefit of Trustor's Children and Grandchildren with Spendthrift Trust Provisions