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In summary, the rule of thumb stating "never have the settlor serve as a trustee of an irrevocable trust" is a wise rule of thumb.
A settlor may be a beneficiary of a trust but cannot be the sole beneficiary, otherwise there would be no purpose to having the trust in the first place.
As stated, an irrevocable trust is usually for legal protection, tax reduction and estate planning.Settlors can still earn a return on the investments on trust assets. In some jurisdictions, the settlor can still be the beneficiary of the trust and receive the benefits of and income from the trust.
Trusts have 4 components: settlor, trustee, beneficiaries, and property. The settlor (aka grantor, trustor) creates the trust. The trustee manages the trust, and the beneficiaries receive the benefit of the trust.Often, the settlor and the trustee is the same person, and sometimes that person is also the beneficiary!
The grantor (as an individual or couple) transfers their assets to an irrevocable trust. However, unlike other irrevocable trusts, the grantor can be the income beneficiary. Their children or spouse would be the residual beneficiaries.
A revocable trust becomes irrevocable at the death of the person that created the trust.The Trust becomes its own entity and needs a tax identification number for filing of returns. 2. The Grantor (also called the Trustor) of the Trust becomes incapacitated.
A settlor may be a beneficiary of a trust but cannot be the sole beneficiary, otherwise there would be no purpose to having the trust in the first place.
Irrevocable trusts offer lifetime giving to beneficiaries. While requiring some loss of grantor control, a properly drafted irrevocable living trust should allow individuals of substantial wealth to begin transferring assets to beneficiaries during their lifetime without incurring gift or estate tax.
There is nothing that says that couple must use a joint revocable trust.When one of the spouses dies, the trust will then split into two trusts automatically. Each trust will have half the assets of the trust along with the separate property of the spouse. The surviving spouse is the trustee over both trusts.