Maricopa Arizona Testamentary Trust Provision with Stock to Held in Trust for Grandchild and no Distributions to be Made until a Certain Age is Reached

State:
Multi-State
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Maricopa
Control #:
US-01481BG
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Description

A testamentary trust is a trust in which the trust property is bequeathed or devised by will to the trustee for the benefit of the beneficiaries. Statutes in effect in the various jurisdictions prescribe certain formalities which must be observed in connection with the execution of a will in order to give validity to the instrument and make it eligible to be probated. A valid testamentary trust is created only when the will attempting to create it complies with the formalities of the state's statutes covering wills. An instrument will be denied probate where it fails to conform at least substantially to the controlling statutory provisions governing the execution of wills.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

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.

With a testamentary trust, assets can remain protected until the child is old enough to be financially responsible. Another advantage of a testamentary trust is that it can be funded with life insurance proceeds after death.

Real estate is deeded out of the trust and into the names of beneficiaries. Stocks and bonds can be transferred from the trust into the beneficiary's brokerage accounts. Beneficiaries typically have to pay taxes on trust income, except for distributions from the trust's principle.

The testamentary trust is a provision within the will that outlines the estate's executor and instructs that person to create the trust. However, the trust is not immediately established after the person's death since the will must go through the probate process.

Testamentary (will) trusts are established when an individual dies and the trust is detailed in their last will and testament. These trusts are irrevocable but may be subject to probate.

A testamentary trust is created to manage the assets of the deceased on behalf of the beneficiaries. It is also used to reduce estate tax liabilities and ensure professional management of the assets of the deceased.

While the assets are removed from the estate for estate tax purposes, the grantor continues to be liable for the trust's income taxes. The trust assets will carry over the grantor's adjusted basis, rather than get a step-up at death.

Some possible disadvantages are: There is no actual benefit for you, the will maker, although there may be benefits for your beneficiaries. Cost testamentary trusts are often more complex, they generally cost more to produce and they generally involve ongoing accountancy and other fees during their operation.

Moreover, a trustee of an irrevocable trust must: promptly furnish a beneficiary with a copy of the portions of the trust relevant to that beneficiary upon request; within 60 days of acceptance of the position, notify all qualified beneficiaries of a trustee's name, address and telephone number; and.

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Maricopa Arizona Testamentary Trust Provision with Stock to Held in Trust for Grandchild and no Distributions to be Made until a Certain Age is Reached