Funding a Trust
Funding a revocable trust is as important as creating one and involves transferring assets from the donor’s individual name to the name of the trust. There are several benefits to funding the trust during the donor’s lifetime. Such funding allows a donor to establish a relationship with the trustees and to understand their approach and capabilities in the event of her incapacity. When needed, the trustees are also able to manage the trust’s assets without interruption or delay. Unlike a conservatorship, a court-supervised procedure, the trustee will retain complete control of the trust assets during any period of the donor’s incapacity, without any interference from the court. If the trust is funded during the donor’s lifetime, the assets will not require any further movement on the donor’s death, and the property can continue to be managed or distributed without the involvement of the probate court.
Funding a revocable trust during one’s life does not cause complicated tax consequences. The assets in the revocable trust are reported to the IRS as the donor’s personal assets, and any gains or losses are recorded using the donor’s tax identification number. Additionally, there is no tax liability on any payments made from the trust to the donor. However, funding a revocable trust does not eliminate the possibility of paying estate taxes. The assets held in trust may still be subject to an estate tax, if one would otherwise have been due. The donor can also control the taxable disposition of assets by utilizing appropriate federal and state estate tax credits, as well as beneficial charitable deductions.
Questions about how to properly fund your trust? TAP HERE
What People Are Saying
