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A trust is a legal entity created by a grantor
who wishes to have the trustee manage certain property for the
benefit of the trust beneficiaries. The trustee—the person
or entity that administers the trust—takes legal title
to any property the grantor transfers into the trust and manages
it according to the grantor’s instructions in the trust
agreement. |
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A revocable living trust is one created during
the grantor’s lifetime and which the grantor may alter,
amend or revoke. However, when the grantor dies, the trust either
becomes irrevocable or terminates, and the property in the trust
is held and/or distributed according to the terms of the trust
agreement. |
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A trust may be a “shell” during
the grantor’s lifetime, which means it is inactive, but
the written agreement prescribes what will happen when the grantor
dies. What often happens is that life insurance proceeds are
paid into the trust along with assets passing under the will
after probate. This is often called a “pourover”
trust. This trust becomes irrevocable when the grantor dies. |
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The trust may also be active, of course, with
the grantor transferring assets of any type during his or her
lifetime. The trustee can be made responsible for investment
decisions, payment of taxes and all other administrative functions.
Typically, the grantor will receive any income the trust generates
since the income will be taxed to the grantor in any event. |
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