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You cannot have the same person as grantor, trustee and beneficiary in any trust. There is no trust created in such a set up. The grantor in an irrevocable trust cannot be the trustee. The property in an irrevocable trust must be permanently separated from the grantor's control.

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16y ago

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In regards to finance what does the term irrevocable trust refer to?

In regards to finance the term irrevocable trust refers to trust that can not be changed or ended without permission of the beneficiary. The grantor removes all of his or her rights to both assets and the trust.


Is a blind trust the same as an irrevocable trust?

No, a blind trust and an irrevocable trust are not the same. A blind trust is a specific type of trust where the trustee manages the assets without the beneficiary's knowledge of the holdings or transactions, often used to avoid conflicts of interest. An irrevocable trust, on the other hand, is a trust that cannot be altered or revoked by the grantor once established, meaning that the assets are permanently transferred out of the grantor's control. While a blind trust can be irrevocable, not all irrevocable trusts are blind.


Is a Grantor Retained Annuity Trust revocable or irrevocable?

A Grantor Retained Annuity Trust (GRAT) is an irrevocable trust that allows the grantor to transfer assets to beneficiaries while retaining an annuity interest for a specified period. Once the GRAT is established, the terms cannot be changed or revoked by the grantor.


Can the grantor sell assets listed in irrevocable living trust?

The grantor has no control over the assets in an irrevocable trust. Those assets are under the control of the trustee.


When a revocable trust becomes a irrevocable trust after a person dies is trust a non grantor trust or a grantor trust?

it remains a grantor trust


Who is the beneficiary when 2 of the 3 people have died on an irrevocable trust Grantor is still alive.?

In an irrevocable trust, the beneficiaries are typically specified in the trust document. If two of the three beneficiaries have died, the remaining beneficiary would generally continue to receive their share, unless the trust specifies an alternate distribution plan or contingent beneficiaries. If there are no remaining beneficiaries or if the trust terms dictate, the grantor may need to consult the trust document or seek legal advice to determine the next steps, as the trust's provisions will govern the distribution.


What tax forms need to be filed for an irrevocable trust?

Form 1041 is U.S. Income Tax Return for Estates and Trusts. Trusts are required to file Form 1041 when (1) its income is at least $600, or (2) it has a nonresident alien as a beneficiary. But a trust classified as a grantor trust isn't required to file Form 1041 if the individual grantor reports all the grantor trust incomes/allowable expenses on his own Form 1040. For tax purposes, an irrevocable trust is treated as a simple, complex, or grantor trust according to the powers listed in establishing the trust.


Can a grantor who is also the trustee break an irrevocable trust?

Warning! An irrevocable trust is not created when the grantor (trustor) is also the trustee. By transferring their property to a trust of which they are the trustee the grantor has retained control over the property. Irrevocable trusts are usually set up for tax purposes. The grantor cannot retain any control over the property in order for the trust to qualify as an irrevocable trust. The trust you describe has failed and left the trust property exposed to creditors and taxes. You need to consult with an attorney who specializes in trust law and tax law.


Can an irrevocable trust be converted to a revocable trust after grantor is deceased?

Revoking a trust means it goes back to the grantor. Who is, in your example, deceased.I trust (no pun intended ... well, maybe a little bit) you see the problem here.Essentially, the distinction between a revocable and irrevocable trust vanishes when the grantor dies.


If the grantor and the trustee are the same person in an irrevocable trust can they revoke any or part of that trust from the beneficuary?

In short no, an Irrevocable Trust cant be legally revoked by either party.


What is a Complex Non-Grantor Irrevocable Discretionary Trust?

In my experience, this would be considered, in layman's terms, a trust in which the grantor, when alive, created a discretionary trust, then the gantor died. Now, the trust is in the hands of the trustee appointed by the grantor, which makes it irrevocable. When the grantor was alive, it was revocable. Now, the complex part usually means that in any given tax period, the trust had distrubutions of principle of some sort. I hope this helps.


What is a Complex Non Grantor Irrevocable Discretionary Trust?

In my experience, this would be considered, in layman's terms, a trust in which the grantor, when alive, created a discretionary trust, then the gantor died. Now, the trust is in the hands of the trustee appointed by the grantor, which makes it irrevocable. When the grantor was alive, it was revocable. Now, the complex part usually means that in any given tax period, the trust had distrubutions of principle of some sort. I hope this helps.