Irrevocable Pot Trust Agreement
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FAQ
To the extent they do distribute income, they issue k-1s to the beneficiaries who received the income, who must report it on their income tax returns, whether or not they are the grantor of the trust. The trust then pays taxes on any undistributed income.
The main reasons for setting up an irrevocable trust are for estate and tax considerations. The benefit of this type of trust for estate assets is that it removes all incidents of ownership, effectively removing the trust's assets from the grantor's taxable estate.
A revocable living trust will not protect your assets from a nursing home. This is because the assets in a revocable trust are still under the control of the owner. To shield your assets from the spend-down before you qualify for Medicaid, you will need to create an irrevocable trust.
To oversimplify, the rule stated that a trust couldn't last more than 21 years after the death of a potential beneficiary who was alive when the trust was created. Some states (California, for example) have adopted a different, simpler version of the rule, which allows a trust to last about 90 years.
The main downside to an irrevocable trust is simple: It's not revocable or changeable. You no longer own the assets you've placed into the trust. In other words, if you place a million dollars in an irrevocable trust for your child and want to change your mind a few years later, you're out of luck.
The trustee of an irrevocable trust can only withdraw money to use for the benefit of the trust according to terms set by the grantor, like disbursing income to beneficiaries or paying maintenance costs, and never for personal use.
A 'beneficial owner' is any individual who ultimately, either directly or indirectly, owns or controls the trust and includes the settlor or settlors, the trustee or trustees, the protector or protectors (if any), the beneficiaries or the class of persons in whose main interest the trust is established.
The main reasons for setting up an irrevocable trust are for estate and tax considerations. The benefit of this type of trust for estate assets is that it removes all incidents of ownership, effectively removing the trust's assets from the grantor's taxable estate.
