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A Survivors Trust, on the other hand, is often revocable. The Survivors Trust is the surviving spouses share of the estate. The survivors portion of the Trust can typically be revoked or amended while the surviving spouse is still alive.
A trust is traditionally used for minimizing estate taxes and can offer other benefits as part of a well-crafted estate plan. A trust is a fiduciary arrangement that allows a third party, or trustee, to hold assets on behalf of a beneficiary or beneficiaries.
A trust is a fiduciary1 relationship in which one party (the Grantor) gives a second party2 (the Trustee) the right to hold title to property or assets for the benefit of a third party (the beneficiary). Previous Slide. Next, the trustee explains the terms and conditions of the trust to the beneficiary.
A generation-skipping trust (GST) is a legally binding agreement in which assets are passed down to the grantors grandchildrenor anyone at least 37 years youngerbypassing the next generation of the grantors children.
Typically the Survivors Trust is revocable - in other words, it can be changed by the surviving spouse. The assets contained in the Survivors Trust are spelled out by the trust document.
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A trust is a legal arrangement intended to ensure a persons assets eventually go to specific beneficiaries. The person creating the trust puts assets in the name of the trust and authorizes a third party to administer those assets for the trust creator and the beneficiaries.
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.
The surviving spouse must get a taxpayer ID number for the irrevocable trust and file an annual trust income tax return.
The beneficiary even could be their own trustee, or if its more appropriate (due to the beneficiarys age or lack of financial maturity), someone else could be the trustee and manage the assets for them.
Upon the death or incapacity of the trustor, when a revocable trust becomes irrevocable, the trust must file form 1041. Unlike an individual, trust and estate income is subject to the highest marginal tax rate once the income of the trust or estate exceeds $7,500 (I.R.C. 1(e)).

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