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Frank & Kraft, Attorneys at Law

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Home » Trust in Indianapolis

Trust in Indianapolis

Should I Appoint an Attorney to Be My Trustee?

April 11, 2023Trust in Indianapolis

Indianapolis trust administration attorney

A comprehensive estate plan typically requires you to incorporate a variety of estate planning tools and strategies into your plan. One of the most common of those tools is a trust. If you are contemplating the use of a trust in your estate plan, one of the most important decisions you will need to make when you create your trust is who to appoint as your Trustee. You will first need to decide if you wish to appoint a layman or a professional, such as a trust administration attorney, as your … [Read more...] about Should I Appoint an Attorney to Be My Trustee?

Trust Administration Steps

December 20, 2022Trust in Indianapolis

When a trust is created, the trust creator must appoint a Trustee to administer the trust. If you recently learned that you were appointed to be the Trustee of a trust, and you have never before administered a trust, you may be a bit intimidated at the prospect of doing so. The Indianapolis trust administration attorneys at Frank & Kraft offer a trust administration checklist for the new Trustee. What Does It Mean to Administer a Trust? The Trustee’s overall job is to administer the … [Read more...] about Trust Administration Steps

Should You Establish a Grantor Retained Income Trust?

June 14, 2022Trust in Indianapolis

To ensure that your estate doesn’t lose assets to federal gift and estate taxes you may need to include tax avoidance strategies in your estate plan. One estate planning tool that can provide tax avoidance benefits is a Grantor Retained Income Trust, or GRIT. Always consult with your estate planning attorney before deciding what tools to incorporate into your estate plan. In the meantime, however, the Indianapolis trust attorneys at Frank & Kraft explain how a Grantor Retained Income Trust works and why you might want to include one in your estate plan. What Is a GRIT? A GRIT is a specialized type of irrevocable trust that allows the Grantor (creator of the trust, also referred to as the “Settlor”) to transfer assets into the trust while retaining the right to receive all of the net income from the trust assets for a fixed term of years, referred to as the “initial term.” Income from the trust is distributed to the Grantor at least annually during the initial term. At the end of the initial term, the remaining principal is either distributed to the trust beneficiaries or remains in the trust for the benefit of those beneficiaries. The primary benefit of a GRIT is that if (this condition is important) the Grantor survives the initial term, the value of the principal held in the GRIT is excluded from the Grantor’s estate for federal gift and estate tax purposes. How Does a GRIT Help with Tax Avoidance? The tax avoidance benefit of a GRIT is found in how the value of the trust principal is determined because those assets are valued at a discount. The value of the discount depends on the length of the initial term of the GRIT, and the applicable federal rate in effect at the time the GRIT is established. The transfer of assets to a GRIT constitutes a gift equal to the total value of the assets transferred to the GRIT, less the present value of the retained income interest held by the Grantor for the initial term. If the Grantor survives the initial term, the assets comprising the GRIT will pass to the designated remainder beneficiaries at a reduced gift tax value. GRIT Beneficiaries Section 2702 of the Internal Revenue Code determines who you cannot name as a beneficiary in a GRIT. Excluded beneficiaries include your spouse, your ancestors or the ancestors of your spouse, any lineal descendant of yours or your spouse, any sibling of yours or your spouse, or the spouses of any of the foregoing persons. You can name lineal descendants of siblings, (nieces and nephews) relatives even more distant than nieces and nephews, or friends of yours or your spouse as beneficiaries of a GRIT. How a GRIT Works in Practice Imagine that you establish a 15-year GRIT and transfer $100,000 of assets into the trust and that the applicable federal rate is five percent. As the Grantor, you will receive the income from the GRIT during the initial term. The present value of the retained income interest is $66,007, making the value of the gift $33,993. If you survive until the end of the initial term, however, the remainder beneficiaries will receive $100,0000 plus all capital growth. Your estate, however, will only need to acknowledge a lifetime gift in the amount of $33,993 (the applicable value of the gift at the time it was made). Disadvantages of Using a GRIT Just like most tax savings tools and strategies, there are some disadvantages to relying on a GRIT. First, it is an irrevocable trust, meaning if your personal circumstances change, you cannot make corresponding changes to the trust. Second, if you do not survive the initial term the advantages gained by creating a GRIT do not apply. Contact the Indianapolis Trust Attorneys For more information, please download our FREE estate planning worksheet. If you have additional questions or concerns about establishing a Grantor Retained Income Trust, contact the experienced Indianapolis trust attorneys at Frank & Kraft by calling (317) 684-1100 to schedule an appointment.

To ensure that your estate doesn’t lose assets to federal gift and estate taxes you may need to include tax avoidance strategies in your estate plan. One estate planning tool that can provide tax avoidance benefits is a Grantor Retained Income Trust, or GRIT. Always consult with your estate planning attorney before deciding what tools to incorporate into your estate plan. In the meantime, however, the Indianapolis trust attorneys at Frank & Kraft explain how a Grantor Retained Income Trust … [Read more...] about Should You Establish a Grantor Retained Income Trust?

How Can I Make Sure the Assets I Gift Are Used as Intended?

June 7, 2022Trust in Indianapolis

When you make gifts in your estate plan, you often have some idea how you hope those gifts are used by the recipients. In fact, it may be very important to you that assets are used in a specific way or for a specific purpose. One way to help make that happen is to gift the assets using an incentive trust. The Indianapolis trust attorneys at Frank & Kraft explain how an incentive trust can help ensure that assets you gift are used as intended. Trust Basics A trust is a fiduciary … [Read more...] about How Can I Make Sure the Assets I Gift Are Used as Intended?

What Can a Beneficiary Do about a Problematic Trustee?

April 19, 2022Trust in Indianapolis

Indianapolis trust administration attorney

As the beneficiary of a trust, you are entitled to benefit from the assets held by the trust. You must depend on the Trustee of the trust to protect and grow those assets. What happens if the Trustee is not doing his/her job properly? Can you do anything about a problematic Trustee? The Indianapolis trust administration attorneys at Frank & Kraft explain what a beneficiary can do about a problematic Trustee. Problems with a Trustee Sufficient consideration is not always given when … [Read more...] about What Can a Beneficiary Do about a Problematic Trustee?

Trust Mistakes to Avoid Making

March 1, 2022Trust in Indianapolis

Although a Last Will and Testament is likely the cornerstone of your estate plan, you will also probably incorporate additional estate planning tools and strategies into that plan to ensure that all your goals are reached.  For many people, that means incorporating at least one trust into their estate plan. The best way to ensure that you do not make any mistakes with a trust you create is to work closely with an experienced trust attorney. In addition, the Carmel trust attorneys at Frank … [Read more...] about Trust Mistakes to Avoid Making

Does an Irrevocable Trust Pay Capital Gains Taxes?

January 12, 2022Trust in Indianapolis

Indianapolis trust attorney

One of the most common additions to a well thought out estate plan is a trust because a trust can accomplish such a wide range of estate planning goals. To know whether a trust could be a beneficial addition to your estate plan, you need to better understand your trust options and the role taxes play when trust assets are sold by different types of trusts. An Indianapolis trust attorney at Frank & Kraft explains how capital gains taxes are treated when you create an irrevocable … [Read more...] about Does an Irrevocable Trust Pay Capital Gains Taxes?

Things to Consider Prior to Creating a Trust

December 30, 2021Trust in Indianapolis

creating a trust

Although a Last Will and Testament will likely remain the foundation of your estate plan, as both your family and your estate grow, so will your estate plan. Additional estate planning tools and strategies will be incorporated into your plan to ensure that all your estate planning goals are met. One of the most common tools is a trust. If you decide to include a trust in your estate plan, you should work with an experienced trust attorney during the creation of the trust. In the meantime, … [Read more...] about Things to Consider Prior to Creating a Trust

Understanding Trusts

November 16, 2021Trust in Indianapolis

Indianapolis trust attorneys

Most people are familiar with the concept of a trust; however, the thought of creating a trust can be a bit intimidating. If you are considering the use of a trust in your estate plan, deciding on which type of trust is best for your needs and goals is the first step toward incorporating a trust into your plan. The Indianapolis trust attorneys at Frank & Kraft explain the different types of trusts available. Testamentary Trusts A testamentary trust is a trust that doesn’t activate … [Read more...] about Understanding Trusts

Understanding the Benefits of an Intentionally Defective Grantor Trust

October 20, 2021Trust in Indianapolis

creating a trust

One of your primary estate planning considerations should be the impact federal gift and estate taxes will have on your estate after you are gone if you have significant assets that will be left behind. One estate planning tool you may decide to use is an Intentionally Defective Grantor Trust (“IDGT”). The Indianapolis trust attorneys at Frank & Kraft explain why you might want to create an Intentionally Defective Grantor Trust. Intentionally Defective Grantor Trust Basics An IDGT is a … [Read more...] about Understanding the Benefits of an Intentionally Defective Grantor Trust

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