Wyoming Termination of Grantor Retained Annuity Trust in Favor of Existing Life Insurance Trust
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FAQ
Upon the death of the grantor, grantor trust status terminates, and all pre-death trust activity must be reported on the grantor's final income tax return. As mentioned earlier, the once-revocable grantor trust will now be considered a separate taxpayer, with its own income tax reporting responsibility.
When the maker of a Revocable Trust dies, the assets in the Trust become property of the Trust. If the Grantor also known as the Trustor, Grantor or Settlor acted as Trustee while they were alive, the named Successor Trustee will normally take over as Trustee of the Trust upon the Grantor's death.
As we have already mentioned, you can put your life insurance policy into trust. Basically, this means that, once the trust is set up, the named trustee will legally own your life insurance cover.
A trust usually ends under legal and complete circumstances. After the grantor passes away, the trustee handles the property and assets of the grantor, and the assets are transferred to the beneficiary (or beneficiaries) under the terms dictated in the trust by the grantor.
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.
On the termination of the trust the trustees are under a duty to distribute the trust assets to the right beneficiaries. Failure to distribute to the correct beneficiary can subject the trustees to liability for breach of trust. See Practice Note: Termination of trustsbeneficiaries.
A revocable trust turns into an irrevocable trust when the grantor of the trust dies. Typically, the grantor is also the trustee and the first beneficiary of the trust. Once the grantor dies, the terms written into a revocable trust cannot be modified in any way, nor can anyone add or remove assets.
Finally, and perhaps most importantly to note: once a life insurance policy has been set up in trust, it can't be cancelled. This is because control has been given to your trustee or trustees. As a result, you can't make any changes to the pay out terms.
The annuity amount is paid to the grantor during the term of the GRAT, and any property remaining in the trust at the end of the GRAT term passes to the beneficiaries with no further gift tax consequences.
One easy way to terminate a life insurance trust, the grantor to stops making the premium payments, known as gifts, to the trust. If the grantor stops making payments to the trust, then the policy will lapse. This causes the purpose of the trust to be eliminated.