What is a discretionary irrevocable trust?

A discretionary trust is a type of irrevocable trust that is set up to protect the assets for the beneficiary. This can mean protection from Sally's poor money-management skills, extravagant spending habits, personal or professional judgment creditors, or Sam's divorcing spouse.

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Irrevocable Trust Agreement for Benefit of Trustor's Children...

San Bernardino California Irrevocable Trust Agreement for Benefit of Trustor's Children Discretionary Distributions of Income and Principal

Name: San Bernardino California Irrevocable Trust Agreement for Benefit of Trustor's Children Discretionary Distributions of Income and Principal
Brand: US Legal Forms
Rating: 4.64 (251 reviews)

Category:

Trusts - Irrevocable

State:

Multi-State

County:

San Bernardino

Control #:

US-01736BG

Format:

Instant download

Description

An irrevocable trust is an arrangement in which the grantor departs with ownership and control of property. Usually this involves a gift of the property to the trust. The trust then stands as a separate taxable entity and pays tax on its accumulated income.

A discretionary trust is a trust where the beneficiaries and/or their entitlements to the trust fund are not fixed, but are determined by the criteria set out in the trust instrument by trustor. Discretionary trusts can be discretionary in two respects. First, the trustees usually have the power to determine which beneficiaries (from within the class) will receive payments from the trust. Second, trustees can select the amount of trust property that the beneficiary receives. Although most discretionary trusts allow both types of discretion, either can be allowed on its own. It is permissible in most legal systems for a trust to have a fixed number of beneficiaries and for the trustees to have discretion as to how much each beneficiary receives.

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FAQ

A discretionary trust gives trustees the power to decide how much beneficiaries get from a trust and when they get it. All capital and income is distributed completely at their discretion. This means there's more flexibility and assets can be protected if circumstances change for any reason.

An irrevocable trust provides an alternative to simply giving an asset to a beneficiary in order to reduce your taxable estate. With a trust, you can set the timing of distributions (i.e. when the beneficiary attains 30 years of age) as well as the reasons for distributions (i.e. for education only).

Discretionary distribution means a distribution which the trustee is not directed to make, but is permitted to make in the trustee's discretion. For example, the language in a trust instrument providing for a discretionary distribution may contain the words "may" or "in the trustee's discretion".

The only three times you might want to consider creating an irrevocable trust is when you want to (1) minimize estate taxes, (2) become eligible for government programs, or (3) protect your assets from your creditors. If none of these situations applies, you should not have an irrevocable trust.

Some trusts require trustees to make mandatory distributions. These distributions might take place every month or every year. Often, a trust requires distribution of a percentage of the interest earned on trust assets during the year. Or the trust might list a specific amount of money or property to be distributed.

Beneficiaries of a trust typically pay taxes on the distributions they receive from the trust's income, rather than the trust itself paying the tax. However, such beneficiaries are not subject to taxes on distributions from the trust's principal.

An Non-discretionary provides that the trustees must pay trust income upon request to the beneficiaries, they are not in a position where they can refuse. With a Discretionary trusts the trustees have the option whether to make payment to the beneficiaries or not.

Irrevocable Trust Disadvantages Inflexible structure. You don't have any wiggle room if you're the grantor of an irrevocable trust, compared to a revocable trust.Loss of control over assets. You have no control to retrieve or even manage your former assets that you assign to an irrevocable trust.Unforeseen changes.

A discretionary trust is a type of irrevocable trust that is set up to protect the assets for the beneficiary. This can mean protection from Sally's poor money-management skills, extravagant spending habits, personal or professional judgment creditors, or Sam's divorcing spouse.

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It is also recommended that the trustee's discretion regarding distributions apply to trust income. Trust is an organization born out of common law.With digital assets is to create a revocable trust to hold the assets. See Joseph M. Mentrek, Estate. Supplemental Trust Agreement: Describes the terms of the bonds to be issued. The Los Angeles County Capital Asset Leasing Corporation Lease Revenue Bonds, 2008 Series A (LAC-. Company, to provide retirement benefits to public agencies. Phase I1 Systems, the PARS Trust.

San Bernardino California Irrevocable Trust Agreement for Benefit of Trustor's Children Discretionary Distributions of Income and Principal

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