The North Carolina Marital-deduction Residuary Trust with a Single Trust or and Lifetime Income and Power of Appointment in Beneficiary Spouse is a legal arrangement that allows a single individual, referred to as the Trust or, to create a trust for the benefit of their spouse. This type of trust is specifically designed to leverage the benefits provided by the marital deduction provision, which allows assets to pass to a surviving spouse free of federal estate tax. In this trust, the Trust or establishes a residuary trust, which means that any remaining assets not specifically allocated to other beneficiaries will be placed in the trust upon their death. The primary objective of this trust is to provide lifetime income for the surviving spouse while preserving the trust corpus (the initial assets placed into the trust) for the ultimate beneficiaries. The trust document grants the beneficiary spouse the power of appointment, which means they have the authority to determine how the trust assets will be distributed upon their death. This power gives the beneficiary spouse a certain level of control over the distribution of assets, allowing them to allocate a portion of the trust to individuals or organizations they choose while complying with any limitations or instructions set forth in the trust document. Different types of North Carolina Marital-deduction Residuary Trusts with a Single Trust or and Lifetime Income and Power of Appointment in Beneficiary Spouse include: 1. Irrevocable Trust: Once the trust is created, it cannot be modified or revoked by the Trust or unless specific circumstances or conditions are met. This ensures that the trust assets are protected and used for the intended purpose. 2. Revocable Trust: This type of trust allows the Trust or to make changes or even revoke the trust during their lifetime. However, upon their death, the trust becomes irrevocable. This option provides more flexibility to the Trust or during their lifetime but still offers the benefits of estate tax planning and asset protection. 3. Testamentary Trust: Instead of creating the trust during the Trust or's lifetime, this type of trust is established through a provision in the Trust or's will. Upon their death, the Trustee then creates the trust and manages the assets according to the terms outlined in the will. This ensures that the trust assets are distributed in accordance with the Trust or's wishes and provides for the surviving spouse's needs. In summary, the North Carolina Marital-deduction Residuary Trust with a Single Trust or and Lifetime Income and Power of Appointment in Beneficiary Spouse is a powerful estate planning tool that offers tax advantages, asset protection, and flexibility. Whether as an irrevocable, revocable, or testamentary trust, this arrangement allows the Trust or to provide for their spouse's lifetime income while ensuring the preservation and controlled distribution of assets to future beneficiaries.