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Financial Lessons on Living Trusts
Lesson 29
GIFTS THAT HELP REDUCE ESTATE TAXES
Gifts do not always have to be in cash. They can be land, other real estate or assets that are appreciating in value. You can give away up to $10,000 per year, per person, either outright or through Trusts. If you're married, you and your spouse can be combined for $20,000 per person, per year. If your gift exceeds the $10,000 limit, you need to let Uncle Sam know- by filing and informational gift tax return (IRS Form 709) for the year the gift was made. You can elect to pay the gift tax right now, or like most people do, apply it to their $600,000 exemption. You only pay a gift/ estate tax after you have used up your $600,000 exemption.

Lesson 30
CHARITABLE REMAINDER TRUSTS
Life Insurance offers benefits only to those who need them. Take a look at some:

· Family obligations
· Unpaid bills
· Minor children need to be provided for
· Replace the loss of income
· Retirement income

Life insurance is a product not owned by many Americans today. Many policies lapse, due to the struggle that some have with financial obligations.

If you are not a wealthy individual, life insurance is a must. Take another look at the points mentioned above. Think about them for a moment: If something to happen to you, who would take care of your family? Would your children go to college? Would your husband of wife have to re-marry in order to survive?

The answers for those questions have all been satisfied in the use of life products. As the head of your household, you owe it to your family to give them nothing less than the best.

There have been many occasions where:

· Churches
· Social Services
· Co- workers
· Other non-profit organizations

Have stepped in to help many families in the time of bereavement. Better known as pass the hat.


Lesson 31
CHARITABLE LEAD TRUSTS
· Similar to the Charitable Remainder Trust
· The asset is removed from your taxable estate so you save estate taxes
· You will save income taxes with a charitable deduction

The Difference: The charity receives the income and your beneficiaries will eventually receive the principle.

*Jacqueline Kennedy Onassis used a charitable lead trust for 24 years.


Lesson 32
IRREVOCABLE LIFE INSURANCE TRUSTS
An Irrevocable Life Insurance trust can work for you in two ways:

· If you are single and your net estate (including your life insurance) is more that $600,000
· Or if you are married and your total net estate is over $1.2 million

If so, you can reduce your estate taxes with an Irrevocable Life Insurance Trust.

A life insurance trust owns you insurance policies for you. Since you do not own them, it will not be included in your taxable estate. You pay fewer taxes and more of your estate can go to your family.

Benefits

· More control over how the proceeds are used
· Funds can be used to pay estate taxes and other financial expenses
· The surviving spouse can receive a life-time income and keep the proceeds our of both of your estates
· Proceeds can be used to provide income to you children, not giving them the full amount


Lesson 33
PERSONAL RESIDENT TRUSTS
A Personal Residence Trust lets you continue to live in your home but transfer it to your children now so you will save estate taxes when I you die.

When a Personal Residence Trust is set up:

· The home is transferred to an irrevocable trust
· 10- 15you would retain the right to use and live in the home
· After a period is over, the residence transfers over to beneficiaries
· If you die, before the term is over, your home will just be included in your taxable estate
· Depending on the terms of the trust, you may have to pay rent because you out-lived the duration of the trust
· The house will not receive a stepped-up basis, when you die.
· NOTE: This trust is also known as a Grantor Retained Income Trust (GRIT)


Lesson 34
GRANTOR RETAINED ANNUITY TRUSTS
(GRATS) have much in common with the personal residence trust.

The Difference:

· Lets you transfer any asset out of your taxable estate.
· You receive an income, instead of continuing to live in your home for a set number of years.

NOTE: If the income you receive is a set dollar amount that does not fluctuate each year… this is known to be a GRAT (Grantor Retained Annuity Trust).


Lesson 35
GRANTOR RETAINED UNITRUSTS (GRUT)
GRUT are just like the personal residence trust and similar to the grantor retained annuity trust (GRAT).

The Difference:

· Lets you transfer any asset out of your transferable estate.
· You receive an income, instead of continuing to live in your home, for a set number of years.

NOTE: If the income percentage of the trusts assets and the amount of income you receive fluctuates each year, the trust if a GRUT.

A GRAT and a GRUT will let you transfer an income-producing asset (like a family business or real estate) into an irrevocable trust for a set number of years. During this time, the trust pays you an income.


Lesson 36
FAMILY LIMITED PARTNERSHIP
A Family Limited Partnership is a way you can remove assets (like a family business, stocks, real estate or insurance) and any future appreciation on them from your taxable estate without giving up control.

When you do set up a Family Limited Partnership, here is what happens:

· You transfer assets into the partnership in exchange for partnership shares.
· You keep general partnership shares
· You gift limited partnership shares to your children
· You have full control
· You determine how the assets are managed
· When will the income be distributed
· How the partnership is run
· Limited partners (your children) are passive
· Losses and profits are allocated among the partners

· Shares cannot be sold or transferred without your approval

· A family limited partnership gives you more control that a corporation. Stockholders can have substantial voting rights and can force sales, distributions and liquidations.


Lesson 37
ASSET PROTECTION TRUSTS
One of the best ways to protect your assets is having an ASSET PROTECTION TRUST.

They are highly recommended for:

· Lawyers
· Doctors
· Architects
· Entrepreneurs
· Contractors
· Property Developers
· Accountants

Asset Protection Trusts are well known as Offshore Trust because they are created under the laws of a foreign country.

The Asset Protection Trust is set up like this:

· Assets transferred to a limited partnership
· The general partner keeps 1% of the shares
· The general partner has full control
· 99% shares would be transferred to the foreign trust
· The assets do not leave the country


Lesson 38
LAND TRUSTS
A Land Trust is set up like this:

· You transfer title of the property to a corporate trustee or corporation
· You keep full control over how the property is managed
· In all financial dealings, your personal name never comes up
· Land trusts are valid are valid in most state
· Trustee fees are very low


Lesson 39
QUALIFIED DOMESTIC TRUSTS
The reason for the Qualified Domestic Trust is:

· Your estate will be allowed to use the marital deduction if your spouse is not a U.S. citizen.
· Uncle Sam does not want non-citizen spouses to inherit estates and return to their homelands without paying estate taxes.

NOTE! In 1988, the Congress decided to eliminate the Unlimited marital deduction for non-citizen spouses.

Also, when you die, everything in your estate over $600,000 (your exemption) will be taxed – unless your living trust includes a Qualified Domestic Trust.


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