Michigan 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
A Marital Trust is created for the benefit of a spouse. At the same time, a Family Trust can be made for the benefit of any family member. Most marital trusts are irrevocable, whereas family trusts are usually revocable.
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 marital deduction trust is a trust where transfers of property between married partners are free of federal transfer tax. A marital deduction trust can take one of two forms: A life estate coupled with a general power of appointment given to the spouse, or. A Qualified Terminable Interest Property (QTIP) trust.
A QTIP trust offers more control to the grantor but less control to the surviving spouse compared to marital trust. The surviving spouse cannot choose final beneficiaries and has limited control over the assets, receiving only trust income in ance with the IRS laws.
In order to qualify the trust instrument must provide that at least one trustee be a United States citizen or domestic corporation, and that any distribution from the trust principal be subject to the United States trustee's right to withhold the estate tax due on the distribution.
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.
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.
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).