Paul O. Dillon, Attorney at Law

Prepare for an Uncertain Taxing Future with Trusts

The potential sunsetting of current high gift and estate tax lifetime exemptions and proposed tax plans could dramatically reduce future estate tax exemptions. With these possibilities looming soon, taxpayers are turning to trusts, including Spousal Lifetime Access Trusts (SLATs), to make the most of the current tax exemptions. An article appearing in The National Law Review, “2025: SLATs on the Brink of a Rapid Rise in Popularity?” explains how these and other trusts may be used as an effective estate planning tool.

While SLATs are emerging as a highly popular strategy, other trusts to consider include:

• Grantor Retained Annuity Trust (GRAT), where asset appreciation is transferred to heirs with minimal gift tax. The grantor retains an annuity for a set period, and the remaining assets are passed on to beneficiaries.
• The Irrevocable Life Insurance Trust (ILIT) excludes life insurance proceeds from the taxable estate. The Trust owns and controls the life insurance policy, so the proceeds are not included in the estate.
• Charitable Remainder Trust (CRT) provides an income stream to both the grantor and the charity. At the end of the trust, the remainder goes to the charity. Note that this is an irrevocable trust.
• A Qualified Personal Residence Trust (QPRT) transfers a primary or vacation home out of the estate. The grantor retains the right to live in the home for a set period. After they die, the home passes to heirs, freezing its value and reducing the estate tax.

SLATs work by having one spouse—the donor spouse—transfer assets into an irrevocable trust for the benefit of the other spouse, known as the beneficiary spouse. The transfer uses the donor spouse’s lifetime exclusion amount, which removes the assets from the taxable estate, including any future appreciation. The beneficiary has access to the assets, and the donor spouse can use the assets via the beneficiary.

There are some pitfalls to be considered. If the couple divorces, the donor could lose access to the assets in the SLAT. While there is a way of preparing for this (identifying the beneficiary as “the person to whom the settlor is currently married” rather than naming a specific person), divorce proceedings could put the SLAT at risk. The donor spouse could also lose access, if the beneficiary spouse predeceases them.

A SLAT must be prepared by an experienced estate planning attorney. If the donor spouse retains certain powers over the trust, the SLAT's assets may be included in the donor spouse’s estate. Contributions are considered “completed gifts,” so if the gift exceeds the annual gift tax exclusion, it will reduce the donor spouse’s lifetime exemption.

If the SLAT is not drafted properly, it could result in the trusts being included in each other’s estate because of the Reciprocal Trust Doctrine. This allows a court to “uncross” the trust, usually at the IRS's request. The rule prohibits tax avoidance through interrelated trusts that place spouses in the same economic position as if they’d each created trusts naming themselves as beneficiaries.

Ask your estate planning attorney if there’s any reason not to take advantage of the current high tax exemptions. If there’s no downside, going forward before it’s too late is your best option.

Reference: The National Law Review (Aug. 25, 2024) “2025: SLATs on the Brink of a Rapid Rise in Popularity?”

Is Estate Planning Just for Wealthy People?

Everyone should have an estate plan. However, if you are a millionaire, you want to have one to protect your estate. Millionaire estates typically include multiple homes, business ownership, art collections, expensive jewelry and collectible cars. However, a modest estate of a home, retirement accounts and a desire to pass wealth on to family members also need an estate plan.

A recent article from Kiplinger, “Estate Planning for Millionaires,” divides wealthy people into several categories: Mass Affluent, with liquid assets between $100,000 and $1 million; High Net-Worth Individuals with at least $1 million; Very High Net-Worth Individuals with at least $5 million; and Ultra-High Net-Worth Individuals with at least $30 million.

Regardless of which category you fit into, you need an estate plan to appoint trusted individuals to handle your affairs in case of incapacity or death. Your estate planning attorney will know which documents are used in your jurisdiction to establish your wishes and ensure that they align with local laws.

An estate plan needs one person who is like a quarterback and can coordinate all of the trusted professionals on your team, including a financial advisor, tax professional and business attorney. These different disciplines must work together for your estate plan to be effective.

Everyone needs to have certain documents: a last will and testament, revocable trust, powers of attorney for finances, powers of attorney for health care and a living will to express wishes concerning end-of-life care. With the information in these documents, executors and family members will know your wishes, which avoids heartbreak for family members.

Once you start working with an estate planning attorney, you’ll need to name a trustee to oversee any assets placed in a trust. You may wish to name a financial institution if you don’t want a family member or trusted friend to take this role.

Business owners often do better with a professional trustee for several reasons. If the business entities are large and complex, will a family member know how to manage the assets? Can they work with the estate planning attorney, business attorney, financial advisor and accountant to steward the assets for the beneficiaries?

Estate planning for people at all levels of wealth also involves tax planning. This is especially important now, with the possible sunsetting of the Tax Cuts and Jobs Act of 2017. Estate tax exemptions are historically high, $13.61 million for individuals and $27.22 million for married couples. On January 1, 2026, those numbers will drop significantly. State estate taxes may change depending on where you live, especially if you live in a state whose estate tax levels are tied to federal estate tax exemptions.

Your unique situation will dictate what kind of trust or trusts you need. An Irrevocable Life Insurance Trust (ILIT) could be used to own your life insurance policies, with customized directions for how you want the proceeds to be distributed upon your death. Suppose you have a family member with special needs. In that case, you’ll want a Special Needs Trust (SNT) to provide financial support for them without putting their eligibility for means-tested government programs at risk.

Gifting to individuals and charities serves several purposes: taking assets out of your taxable estate, in the case of donations, earning tax deductions and letting you enjoy seeing the results of your generosity while you’re still living.

Communicating your wishes to beneficiaries while living is often a wise strategy to prevent misunderstandings and resentments. You don’t have to give specific numbers, but by sharing insights into what you hope to accomplish with your decisions, family members may be less inclined to engage in disputes. They can blame you instead of each other!

Reference: Kiplinger (July 19, 2024) “Estate Planning for Millionaires”

Can Estate Planning Reduce Inheritance Taxes?

If not renewed, the expiration of changes in estate and gift taxes from the Tax Cuts and Jobs Act of 2017 (TCJA) on Dec. 31, 2025, will reduce federal estate tax exemptions to $7 million for individuals and $14 million for married couples. A recent article from CPA Practice Advisor, “A Crucial Window for Estate Planning: Preparing for 2026 Changes,” reminds us the IRS has said any benefits used under the current exemption are not subject to any “claw-backs.” In other words, use this tax advantage while you can.

It’s important to note the many benefits of estate planning are not just for wealthy people. The cohort referred to as “mid-affluent”—individuals and couples with or who will have significant assets and growth—should carefully plan for future tax exposure. Someone with $5 million in assets today could see their wealth grow to exceed the future exemption thresholds, making estate planning a vital means of protecting their wealth.

There are several techniques to minimize estate tax consequences, and your estate planning attorney will be able to identify the most appropriate for your unique situation.

Lifetime and Annual Gifting. Making gifts while living transfers wealth to the next generation while minimizing your estate’s tax exposure. Right now, you may gift $18,000 per person, or $36,000 per married couple, to as many people as you wish. Making these gifts annually allows you to reduce your taxable estate and enjoy seeing the recipients benefit from your gifts.

If you’d like to help someone with tuition or medical costs, you may pay any amount you wish without generating gift taxes as long as the payments are made directly to the educational institution or healthcare provider.

Spousal Lifetime Access Trust (SLAT). A SLAT is an irrevocable trust designed to benefit the spouse. Other family members can also be named as beneficiaries. The spouse has access to the income from the trust during their lifetime, and upon the spouse's death, the remainder can be distributed as per the grantor’s wishes.

Grantor Retained Annuity Trusts (GRATs). These trusts are best in a low-interest rate environment. Assets are transferred to the trust, with the right to receive annuity payments for a set period, usually two to ten years. When the grantor dies, assets pass to designated beneficiaries.

Intentionally Defective Grantor Trusts (IDGTs). No, they’re not broken. By creating an “intentionally defective” trust, the grantor splits the income tax responsibility from the estate and gift tax implications. The grantor pays the income taxes, allowing assets in the trust to grow tax-free.

There are more, including Qualified Personal Residence Trusts, Charitable Remainder Trusts, Charitable Lead Trusts, Dynasty Trusts and Irrevocable Life Insurance Trusts.

If you expect the value of your taxable estate to come close to or exceed the future estate tax threshold, now is the time to discuss the various options with your estate planning attorney.

Reference: CPA Practice Advisor (June 13, 2024) “A Crucial Window for Estate Planning: Preparing for 2026 Changes”

Consider a Trust for Upcoming Estate Tax Exemption Change

As the expiration of the Tax Cuts and Jobs Act provisions about federal estate taxes comes closer, people who have enjoyed ultra-high exemptions in recent years may find themselves paying estate taxes if they don’t plan ahead. A recent article in Financial Advisor, “Looming Cut in Estate Tax Exemption Has Advisors Looking To Trusts,” provides a look into how trusts, created with an estate planning attorney to align with the overall estate plan, can mitigate estate tax changes and more.

A revocable living trust is not part of the public record, so assets in the trust aren’t available to creditors or litigants after your last will and testament goes through probate. A revocable trust, created and funded during the grantor’s lifetime, allows the grantor full access and control over the trust and assets.

Upon the grantor's death, the trust's assets may pass directly to the beneficiaries without going through probate.

Another kind of trust is the Qualified Terminable Interest Property Trust, or QTIP. This kind of trust can own different assets; a spouse is the beneficiary. The assets in the trust can include stocks, bonds, real estate, business interests, or just plain cash. The beneficiary must get all the income thrown off by the trust, and any remaining assets must go to other beneficiaries.

Then there’s the “ILIT”—an irrevocable life insurance trust—allowing individuals to remove policy proceeds from the estate. With the guidance of an estate planning attorney, the policy owned by the trust can generate streams of tax-free income for the surviving spouse.

For younger people, a GRAT—grantor-retained annuity trust—returns some or all of the value in the trust plus interest to the person creating the trust and transfers appreciation outside of the estate. This works best when the GRAT grows quickly in the first few years. At the end of the GRAT, the remaining assets are distributed to an irrevocable trust for beneficiaries.

These are just a few ways that trusts can be used to minimize estate taxes strategically. Talk with your estate planning attorney to ensure that you are ready if and when the tax laws change. Bear in mind that the estate planning and financial community are already preparing for these changes, which take time. Waiting until the last minute could be an expensive mistake.

Reference: Financial Advisor (May 28, 2024) “Looming Cut in Estate Tax Exemption Has Advisors Looking To Trusts”

How Does an Irrevocable Life Insurance Trust Work?

Irrevocable Life Insurance Trusts (ILITs) are a common planning tool. However, buying the policy at the wrong time, leaving out Crummey withdrawal rights and ignoring administrative costs are commonly made mistakes. Being aware of these snares is important to make the ILIT effective, says a recent article titled “Irrevocable Life Insurance Trusts in Estate Planning: Common Pitfalls” from Think Advisor.

Purchasing a new policy outside of the ILIT is a commonly made error. If you purchase a new life insurance policy and then transfer it to the ILIT, the death benefit will be included in your estate for estate tax purposes if you die within three years of the transfer. This undoes any estate tax advantages of the insurance policy and the trust.

IRS Section 2035 causes estate tax inclusion for anyone who transfers or otherwise gives up power over a life insurance policy within three years of death. However, there are ways to address this. If you first establish and fund the ILIT first, so the ILIT is the entity purchasing the policy directly, the death benefit is excluded from your estate regardless of how long you live after the purchase date.

Another error concerns the “Crummy Protocol.” Unless or until the premiums on a life insurance policy are fully paid or are self-sustaining through a draw on the cash surrender value, the insured must make gifts to the ILIT to pay for the premiums. People often like to use their annual gift tax exclusion to make contributions. However, to qualify the gifts for the annual gift tax exclusion, the beneficiaries of the ILIT must have the right to withdraw certain amounts transferred into the ILIT.

Failing to include the required withdrawal rights may eliminate the ability to offset gifts by the annual exclusion right. Even if the ILIT includes Crummey withdrawal rights, you won’t be able to take advantage of the annual gift tax exclusion if the beneficiaries are not informed of their withdrawal rights each time an eligible contribution is made to the ILIT.

Your estate planning attorney will advise you as to how this occurs from a procedural perspective. You’ll want them to review it before it is signed to confirm it includes Crummey withdrawal rights and to help you establish procedures for providing the requisite notice and waiting the required period each time a gift is made.

Lastly, ILITs often have limited assets since they may only be funded with the insurance policy and the amount needed to pay the premiums. Therefore, if the ILIT has any administrative expenses, like accounting, legal or trustee funds, there may be insufficient assets in the ILIT to pay them.

If you pay the expenses directly, they will be considered as making a gift for gift tax purposes, because you will be deemed to have first transferred to the ILIT any amounts paid on its behalf. Avoid this issue by funding your ILIT with the necessary money to pay premiums and administrative costs. If the class of beneficiaries holding Crummey withdrawal rights is broad enough, this may be done solely through annual exclusion gifts.

Reference: Think Advisor (Sep. 29, 2022) “Irrevocable Life Insurance Trusts in Estate Planning: Common Pitfalls”

What are Benefits of Putting Money into a Trust?

For the average person, knowing how a revocable trust, irrevocable trust and testamentary trust work will help you start thinking of how a trust might help achieve your estate planning goals. A recent article from The Street, “3 Powerful Types of Trusts that Can Work for You,” provides a good foundation.

The Revocable Trust is one of the more flexible trusts. The person who creates the trust can change anything about the trust at any time. You may add or remove assets, beneficiaries or sell property owned by the trust. Most people who create these trusts, grantors, name themselves as the trustee, allowing themselves to use their property, even though it is owned in the trust.

A Revocable Trust needs to have a successor trustee to manage the assets in the trust for when the grantor dies or becomes incapacitated. The transfer of ownership of the trust and its assets from the grantor to the successor trustee is a way to protect assets in case of disability.

At death, a revocable trust becomes an Irrevocable Trust, which cannot be easily revoked or changed. The successor trustee follows the instructions in the trust document to manage assets and distribute assets.

The revocable trust provides flexibility. However, assets in a revocable trust are considered part of the taxable estate, which means they are subject to estate taxes (both federal and state) when the owner dies. A revocable trust does not offer any protection against creditors, nor will it shield assets from lawsuits.

If the revocable trust’s owner has any debts or legal settlements when they die, the court could award funds from the value of the trust and beneficiaries will only receive what’s left.

A Testamentary Trust is a trust created in connection with instructions contained in a last will and testament. A good example is a trust for a child outlining when assets will be distributed to them by the trustee and for what purposes the trustee is permitted to make the distribution. Funds in this kind of trust are usually used for health, education, maintenance and supports, often referred to as “HEMS.”

For families with relatively modest estates, a trust can be a valuable tool to protect children’s futures. Assets held in trust for the lifetime of a child are protected in the event of the child’s going through a divorce because the child’s inheritance is not subject to equitable distribution when not comingled.

Many people buy life insurance for their families, but they don’t always know that proceeds from the life insurance policy may be subject to estate taxes. An insurance trust, known as an ILIT (Irrevocable Life Insurance Trust) is a smart way to remove life insurance from your taxable estate.

Whether you can have an ILIT depends on policy ownership at the time of the insured’s death. In most cases, the insurance trust must be the owner and the insurance trust must be named as the beneficiary. If the trust is not drafted before the application for and purchase of the life insurance policy, it may be possible to transfer an existing policy to the trust. However, if this is done after the purchase, there may be some challenges and requirements. The owner must live more than three years after the transfer for the policy proceeds to be removed from the taxable estate.

Trusts may seem complex and overwhelming. However, an estate planning attorney will draft them properly and make sure that they are used appropriately to protect your assets and your family.

Reference: The Street (May 13, 2022) “3 Powerful Types of Trusts that Can Work for You”

What is the Purpose of an ILIT?

Life insurance falls into two categories: life insurance and death insurance. Life insurance is used to take advantage of the tax-free returns that qualifying insurance products enjoy under federal income tax laws. There is a death component. However, the main purpose is to serve as a tax-deferred investment vehicle. Death insurance is used to provide financial security for loved ones after the owner passes, with little or no regard for tax and investment benefits.

Using both types of life insurance in estate planning can be a complicated process, but the resulting financial security is well worth the effort, as reported in a recent article “Keeping an Eye on ILITs” from Financial Advisor.

The Irrevocable Life Insurance Trust is a somewhat complex trust structured under state trust law and tax strategies under federal income tax laws. ILITs have been tested in court cases, audits and private letter rulings, so an estate planning attorney can create an ILIT knowing it will serve its intended purpose.

Life insurance in an ILIT is owned outside of the estate and enhances the after-estate tax wealth for the surviving spouse and heirs. Because the trust is irrevocable, the transfer of ownership is permanent.

The annual insurance premium is typically paid by the insured to the ILIT, subject to “Crummey” withdrawal powers, named after a famous case, which gives named people the power to withdraw all or a portion of the contributed premium amounts within specified periods. The time frame depends on the trust—usually it’s 30 or 60 days, but sometimes it’s annually.

There are many nuances and details.  The ILIT lets an insured buy life insurance “outside of their estate” for estate tax purposes, lets the person treat insurance premiums as non-taxable gifts under the annual exclusion provisions and provides safety and security to the beneficiaries.

The ILIT is often used as part of a buy-sell agreement for privately held family businesses to make it possible for the business itself or business partners to buy out the equity of a deceased partner. The payment obligations may be funded by the proceeds from life insurance. In some cases, each partner buys a traditional insurance policy in an ILIT. The estate planning attorney working on a succession plan can provide advice on the most effective way to use the ILIT.

Another use for the ILIT is for wealthy families with illiquid assets, like an art collection or a large real estate portfolio. An ILIT holding a life insurance policy with a death benefit lets the beneficiaries use the proceeds to pay estate tax liabilities, without dipping into their own or the estate’s assets. The investment returns of the ILIT increase the policy owner’s wealth substantially, without increasing their taxable estate.

Reference: Financial Advisor (December 1, 2021) “Keeping an Eye on ILITs”

What Is a Dynasty Trust?

Don’t be put off by the term “dynasty.” Just as every person has an estate, even if they don’t live in a million-dollar home, every person who owns assets could potentially have a dynasty trust, even if they don’t rule a continent. If you have assets that you wish to pass to others, you need an estate plan and you may also benefit from a dynasty trust, says this recent article from Kiplinger, “A Smart Option for Transferring Wealth Through Generations: The Dynasty Trust.”

When parents die, assets are typically transferred to their descendants. In most cases, the assets are transferred directly to the heirs, unless a trust has been created. Estate taxes must be paid, usually from the assets in the estate. Inheritances are divided according to the will, after the taxes have been paid, and go directly to the beneficiary, who does what they want with the assets.

If you leave assets outright to heirs, when the beneficiary dies, the assets are subject to estate taxes again. If assets are left to grandchildren, they are likely to incur another type of taxes, called Generation Skipping Transfer Taxes (GSTT). If you want your children to have an inheritance, you’ll need to do estate planning to minimize estate tax liability.

If you own a Family Limited Partnership (FLP) or a Limited Liability Company (LLC), own real estate or have a large equity portfolio, you may have the ability to use gifting and wealth transfer plans to provide for your family in the future. You may be able to do this without losing control of the assets.

The “dynasty trust,” named because it was once used by families like the DuPont’s and Fords, is created to transfer wealth from generation to generation without being subject to various gift, estate and/or GSTT taxes for as long as the assets remain in the trust, depending upon appliable state laws. A dynasty trust can also be used to protect assets from creditors, divorcing spouses and others seeking to make a claim against the assets.

Many people use an Irrevocable Life Insurance Trust (ILIT) and transfer the assets free of the trust upon death. Most living trusts are transferred without benefit of being held within trusts.

A dynasty trust is usually created by the parents and can include any kind of asset—life insurance, securities, limited partnership interests, etc.—other than qualified retirement plans. The assets are held within the trust and when the grantor dies, the trust automatically subdivides into as many new trusts as the number of beneficiaries named in the trust. It’s also known as a “bloodline” trust.

Let’s say you have three children. The trust divides into three new trusts, dividing assets among the three. When those children die, the trust subdivides again for their children (grandchildren) in their own respective trusts and again, assets are divided into equal shares.

The trust offers broad powers for health, welfare, maintenance and support. The children can use the money as they wish, investing or taking it out. When created properly, the assets and growth are both protected from estate taxes. You’ll need a trustee and a co-trustee and an experienced estate planning attorney to draft and execute this plan.

Reference: Kiplinger (Oct. 2, 2021) “A Smart Option for Transferring Wealth Through Generations: The Dynasty Trust”

What Is Purpose of an Irrevocable Life Insurance Trust?

Irrevocable Life Insurance Trusts, or “ILITs” are life insurance policies owned by irrevocable trusts used to manage taxes on estates. There are complexities to using an ILIT, but the benefits for some people could be big, according to the article “What Advisors Should Know About Irrevocable Life Insurance Trusts” from U.S. News & World Report.

What is the goal of an ILIT? The goal of an Irrevocable Life Insurance Trust is to own a life insurance policy, so the proceeds of the policy are left to heirs, who avoid estate tax. It’s a type of living trust but one that cannot be dissolved or revoked, unless the trust does not pay premiums and the insurance policy owned by the trust lapses.

The federal estate tax exemption is currently $11.58 million for individuals, and $23.16 for married couples. Most people don’t need to worry about paying federal estate taxes now, but this historically high level will not be around forever. The current law ends in 2025, cutting the exemption by half. If Congress needs to raise revenue before then, change could come sooner.

Who needs an ILIT?

The main advantage of an ILIT is providing immediate cash, tax free, to beneficiaries. The value of the ILIT is out of the estate and not subject to taxable estate calculations. The life insurance policy ownership is transferred from the insured to the trust. The insured does not own or control the insurance policy, but this is a small price to pay for the benefits enjoyed by heirs.

The grantor is the insured person, and the policy is purchased with the ILIT as the owner and the beneficiary. The insured cannot be the trustee of the trust. In most cases, the trustee is a family member, and the insurance premiums are paid through annual gifting from the insured to the trust. These are the details that should be explained by an estate planning attorney to maintain the trust’s legitimacy.

If all goes as planned, when the insured dies, the ILIT distributes the life insurance proceeds tax-free to beneficiaries.

How does an ILIT work?

Let’s say that you have assets worth $15 million. You buy a life insurance policy that will pay $5 million to your children. When you die, your taxable estate would be $20 million, which in 2020 would incur about $3.3 million in federal estate taxes. However, if you used an ILIT and the ILIT owned the $5 million policy instead of you, your taxable estate would be $15 million. Your federal estate tax in 2020 would be about $1.3 million. The estate would save $2 million simply by having the ILIT own the $5 million life insurance policy.

What if the estate tax exemption goes down before you die?

If the estate tax exemption goes down and you have already funded the ILIT, it remains safe from estate taxes. Here is another reason to consider an ILIT—as long as the funds remain in the trust, they are safe from beneficiary’s creditors.

Are there any downsides to an ILIT?

ILITs are not do-it-yourself trusts. They are complex and need to be structured so that the annual contributions used to pay the insurance premiums qualify for the $15,000 gift tax exclusion. To do this, an estate planning attorney will often include a “Crummy” power, which allows the insured to pay the trust for the premium, without reducing their lifetime gift tax exemption amount. However, it also means that beneficiaries need to be well-educated about the ILIT, so they don’t make any errors that undo the trust.

When a contribution is made, Crummey letters are sent to the beneficiaries, letting them know that a gift was made to the trust and they have the right to withdraw the money. However, if they withdraw the money, the insurance policy could collapse.

You’ll need to be committed to keeping this policy for the long run. You’ll need to be able to fund it appropriately.

There is also a three year look back for existing insurance policies that are moved into the ILIT, so the grantor must be alive for three years after the policy is given to the ILIT for it to remain outside of the estate. This does not apply when a new policy is established in the ILIT and does not apply if the ILIT buys the policy from the grantor.

Reference: U.S. News & World Report (Oct. 29, 2020) “What Advisors Should Know About Irrevocable Life Insurance Trusts”

Different Trusts for Different Estate Planning Purposes

There are a few things all trusts have in common, explains the article “All trusts are not alike,” from the Times Herald-Record. They all have a “grantor,” the person who creates the trust, a “trustee,” the person who is in charge of the trust, and “beneficiaries,” the people who receive trust income or assets. After that, they are all different. Here’s an overview of the different types of trusts and how they are used in estate planning.

“Revocable Living Trust” is a trust created while the grantor is still alive, when assets are transferred into the trust. The trustee transfers assets to beneficiaries, when the grantor dies. The trustee does not have to be appointed by the court, so there’s no need for the assets in the trust to go through probate. Living trusts are used to save time and money, when settling estates and to avoid will contests.

A “Medicaid Asset Protection Trust” (MAPT) is an irrevocable trust created during the lifetime of the grantor. It is used to shield assets from the grantor’s nursing home costs but is only effective five years after assets have been placed in the trust. The assets are also shielded from home care costs after assets are in the trust for two and a half years. Assets in the MAPT trust do not go through probate.

The Supplemental or Special Needs Trust (SNT) is used to hold assets for a disabled person who receives means-tested government benefits, like Supplemental Security Income and Medicaid. The trustee is permitted to use the trust assets to benefit the individual but may not give trust assets directly to the individual. The SNT lets the beneficiary have access to assets, without jeopardizing their government benefits.

An “Inheritance Trust” is created by the grantor for a beneficiary and leaves the inheritance in trust for the beneficiary on the death of the trust’s creator. Assets do not go directly to the beneficiary. If the beneficiary dies, the remaining assets in the trust go to the beneficiary’s children, and not to the spouse. This is a means of keeping assets in the bloodline and protected from the beneficiary’s divorces, creditors and lawsuits.

An “Irrevocable Life Insurance Trust” (ILIT) owns life insurance to pay for the grantor’s estate taxes and keeps the value of the life insurance policy out of the grantor’s estate, minimizing estate taxes. As of this writing, the federal estate tax exemption is $11.58 million per person.

A “Pet Trust” holds assets to be used to care for the grantor’s surviving pets. There is a trustee who is charge of the assets, and usually a caretaker is tasked to care for the pets. There are instances where the same person serves as the trustee and the caretaker. When the pets die, remaining trust assets go to named contingent beneficiaries.

A “Testamentary Trust” is created by a will, and assets held in a Testamentary Trust do not avoid probate and do not help to minimize estate taxes.

An estate planning attorney in your area will know which of these trusts will best benefit your situation.

Reference: Times Herald-Record (August 1,2020) “All trusts are not alike”