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This article discusses
setting up a stakeholder child trust fund, best child trust fund account. Trusts are, of course,
used in a number of ways. Some of their chief purposes:
To remove property from the grantor's gross estate.
To reduce income taxes during years of greatest productivity (and
highest income tax brackets) without depriving the grantor of the
benefit of the property after retirement, or in later years when income
might be lower.
To save property taxes on many forms of tangible or intangible property
transferred to the trust.
To save custodial, insurance, management, and conservation expenses on
property transferred to the trust.
See
family trust
for more information.
To protect
an inexperienced beneficiary from his own lack of financial
sophistication.
To make money available for the use of dependents without having the
principal subject to the dependent's creditors (the so-called
"spendthrift" trust). State laws vary as to whether such trusts will be
recognized. And they cannot protect the beneficiary against claims made
by the federal government for unpaid taxes.
To provide periodic income for a charitable organization after the
grantor's death, in line with his previous customary donations.
To continue operating the grantor's business after his death, something
the executor might be unwilling or unqualified to do. The trustees might
include certain key employees, the firm's accountant, and other
knowledgeable persons.
To set up funds for the lifetime support of a dependent. Property might
be placed in an irrevocable trust for the benefit of aged dependents,
handicapped children, ete., and thus escape being thrown into the gross
estate.
To set
aside funds for purposes that might not be met unless specific
arrangements were made. One woman set up a $10,000 trust fund in her
will to provide $100 a month for the care and feeding of her cat.
To establish how designated trustees will function and how beneficiaries
will respond with a modest fraction of the money and property that will
ultimately be transferred-if problems arise, the grantor has time to
make other arrangements.
A
sprinkling trust is a trust established for your children or
grandchildren that is flexible enough to "sprinkle" funds out to them in
proportion to their varying needs. Flexibility of distribution of funds
is the primary motivation behind a sprinkling trust, whereas primary
motivation for other types of trusts may be avoidance of litigation, tax
minimization, efficient management of funds, or reduction of
administrative costs and court costs or a number of other reasons.
There are
two common methods for structuring a sprinkling trust. They are known as
the fixed share and single fund methods. Although each has advantages
and disadvantages, keep in mind the system you might use to provide for
your children's needs if you were paying for them directly out of your
wallet at the present time.
Fixed share: Under this method each child covered by the sprinkling
trust is allotted a fixed share of the principal. The child's needs are
then paid for by sprinklings from his own individual share of the income
and principal of the trust. When the trust reaches its termination, the
child receives whatever is left of his allotment.
Single
fund: The single fund approach provides that all the principal and
income from the trust be kept in a single fund and that sprinklings be
taken from the fund as needed to meet the different needs of the
children. Therefore, if one child falls ill and another decides to go to
graduate school, the extra expenses for each child are met by the whole
of the trust fund instead of just by the children's individual share.
When the single trust fund is terminated, the remaining assets are
distributed (usually) evenly among the children. Generally, the single
fund method for a sprinkling trust is considered to be most flexible in
meeting the needs of the children.
You wish to provide for your son for his
lifetime, but you want him to be the actual beneficiary. If you have
reason to suspect that he will run up huge debts or otherwise waste his
inheritance, you can set up a spendthrift trust for an heir. Courts have
held that the grantor of property to a trust has the right to protect
the beneficiary against his own voluntary improvidence or financial
misfortune. The property which is to produce the beneficiary's income is
never his; therefore, neither he nor his creditors can squander it.
How it works: A trust is set up and
furnished with income-producing assets. The trustee, a bank or other
independent fiduciary, is given discretion as to when, under what
circumstances, and in what amounts to payout the income. Provision may
be made that if the trustee isn't satisfied that the beneficiary will be
using the money for what the trust agreement and correlative
instructions have defined as normal living expenses and pleasures, no
money will be paid out at that time. If the trust instrument provides
that income is to be paid out for support, the heir may go to court to
argue that he is not getting enough to meet that test, especially if he
is still of the age where his parents are legally obliged to support
him. If the arrangement was created by will and the parents are dead,
their obligation of support is nebulous, and in any case, most
spendthrift trusts are created for persons of legal age.
When a spendthrift trust won't work:
Counsel should check the state law to determine whether spendthrift
trusts will be recognized in that jurisdiction in the face of creditors'
claims. Some states regard spendthrift trusts as a fraud against the
creditors. Usually a gambling debt is not regarded as a valid and
enforceable claim under state law.
Source: Consumer Information Center
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