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People also ask
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What are the cons of grantor trust?
The primary disadvantage of a revocable trust is that the grantor is still obligated to assume the tax burden. The fact that the assets are still considered property of the grantor also means that the trust is still subject to an estate tax in the event of an untimely passing of the creator.
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Can a grantor withdraw money from an irrevocable trust?
While the grantor is free to contribute additional assets to an irrevocable trust, they cannot withdraw or otherwise access any assets once contributed. In other words, an irrevocable trust has sole control over any assets you contribute.
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Why would you want a grantor trust?
Trust Income: Grantor trust rules offer individuals a certain degree of tax protection because tax rates are generally more favorable at the individual level than for trusts. Beneficiaries: Grantors can change the beneficiaries of their trusts and the investments and assets held within them.
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What are the disadvantages of a grantor trust?
The disadvantages of the grantor trust are the flipsides of the advantages. The grantor may not want to make pay the tax on the income the trust generates, even though it's a transfer free from gift tax. For example, let's say the grantor sets up an irrevocable trust for children from a prior marriage or an ex-spouse.
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What happens to a grantor trust when the grantor dies?
Once the surviving grantor dies or becomes incapacitated, the trust generally becomes irrevocable and trust administration begins.
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What is the power of substitution in a grantor trust?
One of the most popular triggers for grantor trust status is the “power of substitution.” Under Section 675 of the Code, grantor trust status is created if the grantor holds a power “in a nonfiduciary capacity. . .to reacquire the trust corpus by substituting other property of equivalent value.”10 Under this ...
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Who is the owner of a grantor trust?
Q: Who is a grantor of a trust? A: The grantor (also known as trustor, settlor, or creator) is the creator of the trust relationship and is generally the owner of the assets initially contributed to the trust.
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Who pays the taxes on a grantor trust?
Grantor trusts are a bit different from normal trusts, though. The income and assets in a grantor trust remain under the grantor's control while they're alive, resulting in taxes going to the grantor and not the trust. However, this type of structure may not be right for every person's situation.
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