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From: elliot@well.UUCP (Elliot Fabric)
Newsgroups: net.taxes,net.invest
Subject: Re: Any probate experts out there?
Message-ID: <658@well.UUCP>
Date: Sat, 15-Feb-86 16:00:36 EST
Article-I.D.: well.658
Posted: Sat Feb 15 16:00:36 1986
Date-Received: Sun, 16-Feb-86 09:14:39 EST
References: <1122@decwrl.DEC.COM>
Reply-To: elliot@well.UUCP (Elliot Fabric)
Organization: Whole Earth Lectronic Link, Sausalito CA
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Xref: linus net.taxes:909 net.invest:1122


There are numerous types of trusts.  If you were the sole Trustee,
all of the money in the Trust would have been considered an incompleted
transfer for tax purposes.  The assets would, thewrefore, be included
in your gross estate at death.
   If you had an independent Trustee, or a different Trustee in certain
circumstances, a properly drawn IRREVOCABLE Trust would be a completed
transfer for Tax purposes.  You would not then be able to draw down
some of the transferred money.  As in all things tax-related, there
are exceptions.  Here the major exception is a so-called Short Term or
Clifford Trust, which allows the asset to revert to you after
10 years or the life of the life income beneficiary.  The Short Term
Trust accomplishes income shifting from the trust creator to
the income benficiary and is useful to some high income tax
bracket individuals.
  A self-created, self-trusteed Trust would not be a shield
to hold off creditors, especially where the creator-trustee is
the sole beneficiary.  A modicum of creditor protection may be
possible with a highly-aggressive, extremely complex approach.
But that is another topic.
protection, but that would involve extremely complex, highly
sophisticated approach, with no guarantee of result.