Common questions

How is a trust fund structured?

How is a trust fund structured?

There are three key parties that comprise a trust fund—a grantor (sets up a trust and populates it with their assets), a beneficiary (a person chosen to receive the trust fund assets), and a trustee (charged with managing the assets in the trust).

How is a family trust structured?

At the core of a family trust, there are three parties: a grantor, a trustee and the beneficiaries. The grantor is the person who makes the trust and transfers their assets into it. The trustee is the person who manages the assets in the trust on behalf of the beneficiaries.

How does a beneficiary get money from a trust?

There are three main ways for a beneficiary to receive an inheritance from a trust: Outright distributions. Staggered distributions. Discretionary distributions.

Should bank accounts be in a trust?

Some of your financial assets need to be owned by your trust and others need to name your trust as the beneficiary. With your day-to-day checking and savings accounts, I always recommend that you own those accounts in the name of your trust.

What assets go into a trust?

Some assets are more appropriate for funding into a trust than others.

  • Cash Accounts. Rafe Swan / Getty Images.
  • Non-Retirement Investment and Brokerage Accounts.
  • Non-qualified Annuities.
  • Stocks and Bonds Held in Certificate Form.
  • Tangible Personal Property.
  • Business Interests.
  • Life Insurance.
  • Monies Owed to You.

How do trusts make money?

If a trust pays out a portion of its assets as income, or holds assets that appreciate or generate interest income such as real estate or stocks, then the person receiving the money must pay income taxes. In a revocable trust, this is typically the grantor.

What happens with a trust when someone dies?

How Do You Settle A Trust? The successor trustee is charged with settling a trust, which usually means bringing it to termination. Once the trustor dies, the successor trustee takes over, looks at all of the assets in the trust, and begins distributing them in accordance with the trust. No court action is required.

Is inheritance from a trust taxable?

If you inherit from a simple trust, you must report and pay taxes on the money. By definition, anything you receive from a simple trust is income earned by it during that tax year. Any portion of the money that derives from the trust’s capital gains is capital income, and this is taxable to the trust.

Who are the final parties to a trust agreement?

The final parties to the trust agreement, the beneficiaries, possess equitable interests in the trust assets. This means that, although the trustee controls the assets while they are in the trust, the beneficiaries are the ultimate recipients of the assets, and will receive them according to the trust’s terms.

Who is the trustee of a living trust?

The trustee is the person or entity with the legal right to possess and manage the trust assets, and ultimately, to distribute them. Prior to death or incapacity, the grantor of the trust is also the trustee of the trust. Therefore, while living, a person who sets up a living trust retains complete control over all trust assets.

What are the benefits of a living trust?

Additional potential benefits of the living trust may include the reduction, or in some cases, elimination of federal estate taxes. The trustee is the person or entity with the legal right to possess and manage the trust assets, and ultimately, to distribute them.

What’s the difference between a trust and a will?

As opposed to a will, which is basically a set of instructions to your personal representative (often carried out under court supervision), a trust is essentially a contract between the grantor (which is you) and the trustee (which is you during your lifetime). One alternative to a will-based estate plan is the living trust.

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Ruth Doyle