An irrevocable trust is a trust that cannot be modified or terminated without the permission of the beneficiary. In most states, a trust will be deemed irrevocable unless the Trustor specifies otherwise. Once the Trustor has transferred assets into the trust, s/he has no rights of ownership to the assets and the trust. Irrevocable trusts are preferred because it removes all incidents of ownership, thereby effectively removing the trust's assets from the grantor's taxable estate. The Trustor is also relieved of the tax liability on the income generated by the assets. This is the opposite of a "revocable trust", which allows the Trustor to modify the trust.
A Pot Trust is a trust set up for more than one beneficiary, typically children. The purpose of a Pot Trust is to keep the funds in one pot until a later event. For example, at the death of the parents, the assets may be kept in one pot until all the children have graduated from college or reached age 21.
Georgia Irrevocable Pot Trust Agreement
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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.
In order to terminate the trust, the court must conclude that continuance of the trust is not necessary for any material purpose of the trust (O.C.G.A. 53-12-61(c)). While the court must approve both of those petitions to modify or terminate, O.C.G.A.
An irrevocable trust is a very powerful tool for Medicaid Asset Protection, as it allows you to shelter assets from a nursing home after they have been in the trust for five years.
To distribute real estate held by a trust to a beneficiary, the trustee will have to obtain a document known as a grant deed, which, if executed correctly and in accordance with state laws, transfers the title of the property from the trustee to the designated beneficiaries, who will become the new owners of the asset.
As discussed above, irrevocable trusts are not completely irrevocable; they can be modified or dissolved, but the settlor may not do so unilaterally. The most common mechanisms for modifying or dissolving an irrevocable trust are modification by consent and judicial modification.
The terms of the trust, beneficiaries, and assets are not public record. Trusts are also more difficult to contest than wills. Creating a living trust in Georgia protects not only your assets, but you personally.
Some states, such as Georgia, permit dissolution of an irrevocable trust if you, your trustee or a beneficiary file a petition with the court to terminate it. You'd need good cause, but this option wouldn't require the consent of everyone involved.
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.
The irrevocable trust will automatically dissolve if its intent has been fulfilled. You might also contend that: The purpose of the trust has become illegal, impossible, wasteful or impractical to fulfill; Compliance with trust terms preclude accomplishing a material purpose of the trust; and.
When a trust dissolves, all income and assets moving to its beneficiaries, it becomes an empty vessel. That's why no income tax return is required it no longer has any income. That income is charged to the beneficiaries instead, and they must report it on their own personal tax returns.