Trust Accounts
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Trust Accounts

Through the proper use of Trusts, you can integrate your investment plan into your estate plan, help safeguard your assets for future generations and have full access to professional trust expertise.

Together, your Gregg Financial Network Advisor and an Affiliated Trust Company will provide you investment management capabilities combined with the trust experience and expertise.

What Is a Trust?

A trust is a legal device that allows you to transfer property to a trustee who will manage it for the benefit of you and your heirs and beneficiaries. The trustee can be the individual creating the trust or a neutral third party.

The assets held in a trust are directed by the trustee who is controlled by the terms of the trust. Assets held in trusts generally avoid the probate process. In some states, avoiding probate can save time and reduce estate administration expenses. The assets, terms, and conditions of a trust are generally not subject to public inspection.

Trusts also can often be effective in protecting assets from the creditors of a beneficiary. Assets may also be protected from a spouse or former spouse in the event of divorce of the beneficiary.

Living Trust

A living trust takes effect during your lifetime and may be either revocable or irrevocable. As its name indicates, a revocable trust can be changed or canceled at any time by the grantor. In contrast, an irrevocable trust cannot be altered or revoked once effective, but may serve important estate planning purposes.

Testamentary Trust

A testamentary trust is created within your will or living trust and becomes effective upon your death. Testamentary trusts are most commonly used to preserve the unified estate tax credit and reduce estate taxes.

Unified Credit Trust

A unified credit trust (also known as a "credit shelter" or "bypass" trust) may be used to take advantage of the unified credit allowance by directing the current exemption amount into the trust upon the death of the first spouse. The trust can provide lifetime income to the surviving spouse, but preserves the unified credit exemption amount of the first spouse to die. The decedent spouse specifies the beneficiaries who will receive the remaining principal in the trust following the surviving spouse's death.
The exemption amount for gift and estate taxes is gradually increasing, as shown below.

Year Estate-Tax Exemption Amount Estate Tax Credit Amount
2001 $675,000 $220,550
2002 $1,000,000 $345,800
2003 $1,000,000 $345,800
2004 $1,500,000 $555,800
2005 $1,500,000 $555,800
2006 $2,000,000 $780,000
2007 $2,000,000 $780,000
2008 $2,000,000 $780,000
2009 $3,500,000 $1,455,800
2010 Estate Taxes Repealed Estate Taxes Repealed
2011 $1,000,000 $345,800

The Economic Growth and Tax Relief Reconciliation Act of 2001 is subject to a “sunset” provision. The provision (required by the Congressional Budget Act of 1974) requires that the provisions of the Act do not apply after the end of the year 2010. Therefore, technically, all the 2001 rules, rates, and exemptions come back into effect in 2011.

Marital Trust

A marital trust is also funded upon the death of the first spouse. The surviving spouse is granted the power to designate beneficiaries of the trust principal that remains upon his or her death.

Qualified Terminable Interest Property (QTIP) Trust

A Qualified Terminable Interest Property (QTIP) trust is a variation of the marital trust. The QTIP trust can be an effective method of protecting the assets you plan for your children or grandchildren in the event your spouse survives you and remarries.
The QTIP trust must provide your spouse with a lifetime income. In some cases, the surviving spouse may draw down the principal of the trust, subject to certain limits. Once the QTIP trust is in place, it will make no difference if your spouse remarries or makes a new will.

Irrevocable Life Insurance Trust

An irrevocable life insurance trust is designed to provide liquidity to pay estate taxes. While a number of strategies enable you to reduce estate taxes, estates in excess of the allowable exemption amount may not be able to totally eliminate the estate tax liability.
Federal law requires that estate taxes be paid within nine months of death. Because many estates are illiquid—consisting largely of assets like real estate or business ownership—heirs are often forced to sell valuable assets at reduced prices or borrow the money to cover these taxes. Insurance is often used to offset this immediate tax liability and preserve the estate's assets.

While insurance death benefits generally are not subject to income taxes, they are considered part of the estate and will therefore increase estate taxes due. A life insurance trust can solve this problem. An irrevocable life insurance trust owns a life insurance policy outside the estate, shielding the death benefits from estate taxes and making them available to family members immediately after the owner's death.