Illinois Joint Trust with Income Payable to Trustors During Joint Lives
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How to fill out Joint Trust With Income Payable To Trustors During Joint Lives?
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FAQ
A revocable living trust becomes irrevocable once the sole grantor or dies or becomes mentally incapacitated. If you have a joint trust for you and your spouse, then a portion of the joint trust can become irrevocable when the first spouse dies and will become irrevocable when the last spouse dies.
When considering who to distribute the income of a family trust to, it must be noted that all income of a family trust must be distributed to beneficiaries each financial year (or else it is taxed at the top marginal rate).
What happens in this type of trust is that the trust is a joint revocable trust when both spouses are alive. When one of the spouses dies, the trust will then split into two trusts automatically. Each trust will have half the assets of the trust along with the separate property of the spouse.
Under typical circumstances, the surviving spouse would become the sole trustee after the death of one spouse. The surviving spouse would control the shared property, and the personal property of the deceased spouse would be distributed to the beneficiaries.
After one spouse dies, the surviving spouse is free to amend the terms of the trust document that deal with his or her property, but can't change the parts that determine what happens to the deceased spouse's trust property.
Some trusts require trustees to make mandatory distributions. These distributions might take place every month or every year. Often, a trust requires distribution of a percentage of the interest earned on trust assets during the year. Or the trust might list a specific amount of money or property to be distributed.
The Code also makes clear that a beneficiary can act as trustee of a trust for his or her benefit and this will not cause creditors of the beneficiary to be able to reach the trust assets as long as the beneficiary/trustee can only make distributions based on an ascertainable standard.
Planning Tip: If a trust permits accumulation of income and the trust does not distribute it, the trust pays tax on the income.
Joint trusts are also revocable living trusts, set up to hold all of the assets of a married couple and to provide access to the trust assets for both. Typically, at the first death, half of the assets receive a step-up in basis, but all of the assets stay in the trust.
This is why the Cleardocs discretionary trust deed expressly prohibits the settlor (or their children) from being a beneficiary of the trust or otherwise receiving a benefit from the trust.
