In estate planning, there is a multitude of tools that can allow individuals to control their assets and plan for their future. Grantor trusts can be beneficial for asset owners to ensure their wishes are honored while allowing them to maintain flexibility in their decisions. If you have questions or require legal assistance when setting up a grantor trust, speak with a Hartford County probate attorney today for skilled advice.
What is a Grantor Trust?
The person who creates a trust is known as the grantor. They establish the trust and provide the assets that live within it.
Grantor trusts are a specific type of trust that allows the grantor to maintain significant control over the assets and decisions made regarding the contents of the trust. When establishing the document, the grantor will outline how the assets should be managed and distributed. Although they transfer ownership of the assets into the trust, they are able to maintain control over them through certain provisions. These trusts are generally revocable.
One of the most important characteristics of grantor trusts is that all income made on assets within the trust is not taxed to the trust, but instead to the grantor. They must pay income tax on all lucrative assets within the trust.
What Control Does the Grantor Have?
As established, grantor trusts allow the grantor several powers and abilities when handling the assets within. They can:
- Act as the trustee
- Revoke the trust
- Amend the terms
- Vote or influence the vote on shares held by the trust
- Add or remove beneficiaries
What Are the Advantages of Grantor Trusts?
Establishing a grantor trust over an irrevocable or other trust has its pros and cons. Whether or not it is the right choice for you and your family depends on the details of your circumstances. The advantages of this type of trust include the following.
- Grantor trusts reduce taxes for heirs and beneficiaries. When using this trust, all income tax is billed to you instead of the trust and at your personal tax rate. This means that the assets in the trust are free to grow without tax and the value of your estate decreases, meaning less estate taxes on your personal property when you pass.
- The trust protects your assets. Trusts are important as they allow your property to avoid probate which can help save your beneficiaries time and money. Additionally, assets in a grantor trust can be protected from creditors in a lawsuit.
- Using grantor trusts allows you to retain power over your property and assets. While putting assets into a trust for your beneficiaries is a smart financial decision, it can force you to relinquish some control. Grantor trusts allow you to make important decisions regarding your property.
If you are unsure whether or not a grantor trust is right for you, reach out to an experienced estate lawyer to learn more about your options.
