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Living trusts and testamentary trusts A living trust (sometimes called an inter vivos trust) is one created by the grantor during his or her lifetime, while a testamentary trust is a trust created by the grantor's will.
Once a testamentary trust has been created, it becomes a taxable entity in its own right and is thus subject to income taxes. If it has $600 or more in annual income, it must file a U.S. Income Tax Return for Estates and Trusts (Form 1041) for that year.
The trust can also be used to reduce estate tax liabilities and ensure professional management of the assets. A disadvantage of a testamentary trust is that it does not avoid probate\u2014the legal process of distributing assets through the court.
A testamentary trust involves three parties. The grantor or settlor is the person who creates the trust in order to transfer his or her assets. The beneficiary is the person or entity who is the recipient of the assets. The trustee handles the trust and manages the assets until the beneficiary takes over.
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