West Virginia Trust to Provide Funds for the Purchase of Birthday Presents for Members of Grantor's Family to Continue after Grantor's

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Multi-State
Control #:
US-01758BG
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Word; 
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Description

This form is an irrevocable trust established to provide funds in order to continue a family tradition of giving birthday presents to members of grantor's immediate family and is to continue after grantor's death. The term heirs as used in this trust are those people who would inherit the estate of a deceased person by statutory law if the deceased died without a will. When a person dies without a will, the heirs to their estate are determined under the rules of descent and distribution. The term heirs-at-law is used to refer to those who would inherit under the state statute of descent and distribution if a decedent dies intestate (without a will), and they may or may not be beneficiaries under a will.

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  • Preview Trust to Provide Funds for the Purchase of Birthday Presents for Members of Grantor's Family to Continue after Grantor's
  • Preview Trust to Provide Funds for the Purchase of Birthday Presents for Members of Grantor's Family to Continue after Grantor's
  • Preview Trust to Provide Funds for the Purchase of Birthday Presents for Members of Grantor's Family to Continue after Grantor's
  • Preview Trust to Provide Funds for the Purchase of Birthday Presents for Members of Grantor's Family to Continue after Grantor's
  • Preview Trust to Provide Funds for the Purchase of Birthday Presents for Members of Grantor's Family to Continue after Grantor's
  • Preview Trust to Provide Funds for the Purchase of Birthday Presents for Members of Grantor's Family to Continue after Grantor's
  • Preview Trust to Provide Funds for the Purchase of Birthday Presents for Members of Grantor's Family to Continue after Grantor's

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FAQ

A minor's trust can be created for a beneficiary under the age of 21 pursuant to Internal Revenue Code Section 2503(c). Gifts to the trust will be treated as gifts of present interests in property, qualifying for the annual exclusion, notwithstanding the trustee controls the use of the property in the trust.

Present And Future Interest However, if you make a gift "in trust," meaning you donate money to a trust for someone's immediate benefit, then the gift is subject to gift tax and the exclusion amount.

A beneficiary can neither make a gift to a trust held for his/her benefit nor to a trust of which he/she is Trustee. WHAT ARE THE BENEFITS OF RECEIVING GIFTS THROUGH A TRUST? These are the most important reasons: The trust property will be protected from the claims of creditors of the beneficiary.

The IRS requires that any gifts be made out of a trust be under the beneficiary's full control immediately. This present interest rule means that if a gift is made with conditions and the beneficiary does not have control over it at the time its made then it doesn't qualify for the annual exclusion amount.

Each individual can give up to $15,000 per year per recipient without gift tax consequences and without filing a gift tax return. The number of possible recipients is unlimited.

The Irrevocable Trust is often used to make gifts in the following circumstances: 1. Life Insurance. Making gifts of life insurance policies (and the periodic amounts necessary to pay the premiums) to an irrevocable trust allows the life insurance death benefit, to pass without estate tax.

The IRS does not levy gift taxes on trusts, nor does it consider payments from the trust to a beneficiary as a gift (it may be taxable income to the beneficiary, however).

Each year, a person can make transfers of $14,000 to the trust without any gift tax consequences. Moreover, the annual gift tax exclusion applies to each recipient, so multiple gifts in that amount can be made to as many children, grandchildren, or other individuals as the donor wishes.

Gifts in trust do not qualify for the annual exclusion unless the trust either qualifies as a Minor's Trust under Internal Revenue Code Section 2503(c) or has certain temporary withdrawal powers called Crummey powers.

The trust allows the trustee to gift from the trust to the current beneficiary's issue up to the annual gift exclusion (currently $15K).

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West Virginia Trust to Provide Funds for the Purchase of Birthday Presents for Members of Grantor's Family to Continue after Grantor's