Montana Joint Trust with Income Payable to Trustors During Joint Lives

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Joint revocable trusts have been used historically as a mechanism for married persons to combine assets and control their disposition in a uniform manner.
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FAQ

The trust must pay taxes on any interest income it holds and does not distribute past year-end. The interest income the trust distributes is taxable for the beneficiary who receives it. The amount distributed to the beneficiary is considered to be from the current-year income first, then from the accumulated principal.

Spousal and joint spousal trusts, also known as joint partner trusts, are typically used in estate planning for high-net-worth spouses, including owner-managers, both as an alternative to wills and for probate savings.

In the case of a joint partner trust, if the income paid or made payable to your spouse is traceable to property that you contributed to the trust, the income will be attributed back to you and taxed in your hands while you are alive.

A personal trust is one where the beneficiaries do not pay for their interest in the trustin other words, they receive their interest in the trust's assets as a gift.

Planning Tip: If a trust permits accumulation of income and the trust does not distribute it, the trust pays tax on the income.

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).

It is possible to name a beneficiary for your bank accounts, including checking and savings accounts as well as certificate of deposits and money market accounts. The beneficiary can be an individual or a revocable trust, meaning a trust that you as the grantor can change or revoke.

An alter ego trust is a trust created after 1999 by a settlor aged 65 or over. The settlor has the exclusive right to receive all income from the trust. No other person, during the settlor's lifetime, may receive or otherwise obtain the use of any part of the trust's income or capital.

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.

A Joint Spousal Trust is a trust where assets are transferred into the trust, and either one or both spouses are entitled to receive all income and capital of the trust prior to the death of the surviving spouse.

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Montana Joint Trust with Income Payable to Trustors During Joint Lives