This form is an irrevocable trust established to provide funds in order to continue a family tradition of giving birthday presents to members of grantor's immediate family and is to continue after grantor's death. The term heirs as used in this trust are those people who would inherit the estate of a deceased person by statutory law if the deceased died without a will. When a person dies without a will, the heirs to their estate are determined under the rules of descent and distribution. The term heirs-at-law is used to refer to those who would inherit under the state statute of descent and distribution if a decedent dies intestate (without a will), and they may or may not be beneficiaries under a will.
South Carolina Trust to Provide Funds for the Purchase of Birthday Presents for Members of Grantor's Family to Continue after Grantor's
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Under Sec. 2503, an annual exclusion is allowed for taxable gifts, the amount of which, as adjusted for inflation, was $12,000 in 2007. However, the annual exclusion is available only for gifts of a present interest in property, which is defined in Regs.
Generally trusts are used as they allow the settlor a degree of control over how the property is to be used whereas gifts are used when no control over the asset is required.
It's quite common to be both a trustee and a beneficiary of a trust. The surviving spouse, for example, is almost always the successor trustee and beneficiary of a family trust. And it's quite common for one adult child to be the trustee and all the siblings to be beneficiaries of their parents' trusts.
The trustee manages the trust and its assets as directed by the trust document. Often the donor will name herself as trustee to maintain control of the assets during her lifetime. It is also important to select a co-trustee or successor trustee to serve when the donor becomes incompetent or dies.
A beneficiary can neither make a gift to a trust held for his/her benefit nor to a trust of which he/she is Trustee.
So can a trustee also be a beneficiary? The short answer is yes, but the trustee will have to be exceedingly careful to never engage in any actions that would constitute a breach of trust, including placing their personal interests above those of the other beneficiaries.
You make a gift if you give property (including money), or the use of or income from property, without expecting to receive something of at least equal value in return. If you sell something at less than its full value or if you make an interest-free or reduced-interest loan, you may be making a gift.
21d2 Gifts and trusts are both ways in which a person voluntarily transfers the beneficial interest in property to another. 21d2 With gifts, the legal title is transferred along with the beneficial title. In the case of the trust, the legal title is transferred to a trustee or can remain with the legal owner.
PLR 200245058 Donor May Serve as Sole Trustee of Charitable Remainder Trust: Donor created a two-life charitable remainder unitrust with a 7% payout. The unitrust pays Donor for his lifetime and then pays Donor's wife for her lifetime.
The Irrevocable Trust is often used to make gifts in the following circumstances: 1. Life Insurance. Making gifts of life insurance policies (and the periodic amounts necessary to pay the premiums) to an irrevocable trust allows the life insurance death benefit, to pass without estate tax.