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

State:
Multi-State
Control #:
US-02272BG
Format:
Word; 
Rich Text
Instant download

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.

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

How to fill out Irrevocable Trust Agreement For Benefit Of Trustor's Children And Grandchildren With Spendthrift Trust Provisions?

US Legal Forms - one of the largest collections of legal documents in the United States - offers a variety of legal form templates that you can download or print.

By utilizing the website, you can discover numerous forms for commercial and personal purposes, categorized by types, states, or keywords.

You can locate the most current versions of forms such as the Maine Irrevocable Trust Agreement for the Benefit of Trustor's Children and Grandchildren with Spendthrift Trust Provisions in just moments.

Review the form summary to confirm that you have selected the appropriate one.

If the form does not meet your needs, utilize the Search field at the top of the screen to find one that does.

  1. If you currently maintain a monthly subscription, Log In and download the Maine Irrevocable Trust Agreement for the Benefit of Trustor's Children and Grandchildren with Spendthrift Trust Provisions from the US Legal Forms repository.
  2. The Download button will be visible on every form you view.
  3. You will have access to all previously downloaded forms in the My documents section of your account.
  4. If you are using US Legal Forms for the first time, here are simple instructions to assist you in getting started.
  5. Ensure you have selected the correct form for your specific city/county.
  6. Click on the Preview button to review the form's details.

Form popularity

FAQ

The downside to irrevocable trusts is that you can't change them. And you can't act as your own trustee either. Once the trust is set up and the assets are transferred, you no longer have control over them.

A spendthrift clause refers to a clause creating a spendthrift trust which limits the ability of assets to be reached by the beneficiary or their creditors.

The spendthrift trust legal strategy can create unique value in the transfer of wealth as well as the preservation of assets during ones lifetime. There are a number of versions of it. As indicated above, one can apply them to financial planning challenges beyond saving the family fortune from the reckless heir.

The spendthrift clause gives the insurer the right to hold back the proceeds and protect the funds from creditors. 4 In this case, your insurer may prefer to pay the insurance money in installments to your son rather than as a lump sum.

The grantor should also name a successor trustee who would take over when the grantor dies. The beneficiary cannot be a trustee.

Black's Law Dictionary defines a spendthrift as: One who spends money profusely and improvidently; a prodigal; one who lavishes or wastes his estate. A spendthrift trust is: A trust created to provide a fund for the maintenance of a beneficiary and at the same time to secure the fund against his improvidence or

After the grantor of an irrevocable trust dies, the trust continues to exist until the successor trustee distributes all the assets. The successor trustee is also responsible for managing the assets left to a minor, with the assets going into the child's sub-trust.

Benefits of a Spendthrift TrustProtects your estate from negligent spending habits. Distributes assets incrementally, instead of at once. Protects assets from your beneficiary's creditors. Bypasses probate (if established during your lifetime)

The downside to irrevocable trusts is that you can't change them. And you can't act as your own trustee either. Once the trust is set up and the assets are transferred, you no longer have control over them.

Irrevocable trusts are an important tool in many people's estate plan. They can be used to lock-in your estate tax exemption before it drops, keep appreciation on assets from inflating your taxable estate, protect assets from creditors, and even make you eligible for benefit programs like Medicaid.

Trusted and secure by over 3 million people of the world’s leading companies

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