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And if you aren't married, or if you and your spouse have a policy that only pays out on the death of the second spouse to die (a survivorship or second-to-die policy), having a trust as the policy owner can protect the insurance proceeds from estate tax on the death of your survivor.
Whether or not the trustee can withhold funds from you depends on the terms of the trust itself. If the trust requires withholding distributions under certain circumstances, such as the beneficiary reaching a specific age, the trustee must follow those stipulations.
Life Insurance Beneficiaries Trusts are not considered individuals; therefore, life insurance proceeds paid to trusts are generally subjected to estate tax. Also, the proceeds payable to a trust may not qualify for the inheritance tax exemption provided by some states for insurance payable to a named beneficiary.
Simply naming an individual or trust as beneficiary will keep the proceeds out of the insured's estate and also protect the death benefit from the claims of creditors or litigants. A ?preferred beneficiary? is a spouse, parent, child or grandchild and receives VIP treatment in the form of protection.
To leave property to your living trust, name your trust as beneficiary for that property, using the trustee's name and the name of the trust. For example: John Doe as trustee of the John Doe Living Trust, dated January 1, 20xx.
Acceptable Trust Beneficiary Wording: A beneficiary designation naming a trust should contain the: Name of the trustee(s); Full name of the trust; Date the trust was executed including month, day and year.
The grantor can opt to have the beneficiaries receive trust property directly without any restrictions. The trustee can write the beneficiary a check, give them cash, and transfer real estate by drawing up a new deed or selling the house and giving them the proceeds.
A trustee deed?sometimes called a deed of trust or a trust deed?is a legal document created when someone purchases real estate in a trust deed state, such as California (check your local laws to see what is required in your state). A trust deed is used in place of a mortgage.