Illinois Marital-deduction Residuary Trust with a Single Trustor and Lifetime Income and Power of Appointment in Beneficiary Spouse
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How to fill out Marital-deduction Residuary Trust With A Single Trustor And Lifetime Income And Power Of Appointment In Beneficiary Spouse?
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FAQ
The marital deduction is determinable from the overall gross estate. The total value of the assets passed on to the spouse is subtracted from that amount, giving us the marital deduction. This interspousal transfer can occur during the couple's lifetime or after one spouse's death, ing to a will.
The first trust (the ?marital? trust) is for the surviving spouse, and the second trust (the ?bypass? or ?residual? trust) is typically for the couple's heirs. The surviving spouse can access the residual trust or receive income from it during their lifetime, but it does not belong to them.
An example of when a marital trust might be used is when a couple has children from a previous marriage and wants to pass all property to the surviving spouse upon death, but also provide for their individual children.
RESIDUARY TRUST. Unlike the Marital Trust, the Residuary Trust can provide for substantial flexibility and give broader discretion to the Trustee. This trust may be structured as a single trust for the benefit of all your descendants or separate trusts for each of your children (and such child's descendants).
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.
TESTAMENTARY TRUST These trusts can have many names including: Bypass Trust, Family Trust, Children's Trust, Residuary Trust or QTIP (Second Marriage Trust). Testamentary Trusts are typically created to provide support for surviving spouses, children or family groups.
Among the disadvantages are the following: As irrevocable trusts, once formed, they are exceedingly difficult to dissolve or amend. Only provides an estate tax exemption of up to $24.12 million in 2022 (or $25.84 million in 2023) Requires the transfer of assets into the trust, which can be a time-consuming procedure.
Also called an "A" trust, a marital trust goes into effect when the first spouse dies. Assets are moved into the trust upon death and the income that these assets generate go to the surviving spouse?under some arrangements, the surviving spouse can also receive principal payments.