The living or revocable trust is a simple trust that does not have to go through the probate process, which makes it a simple, cheap, and fast method for heirs to receive their inheritance. The testamentary trust is a simple trust that is often established when minor children or a disabled child are the intended beneficiaries.
A trust qualifies as a simple trust if: The trust instrument requires that all income must be distributed currently; The trust instrument does not provide that any amounts are to be paid, permanently set aside, or used for charitable purposes; and The trust does not distribute amounts allocated to the corpus of the trust.
simple trust. n. a trust which requires that all income be distributed each year and not accumulated. (See: trust) SIMPLE TRUST. A simple trust corresponds with the ancient use, and is where property is simply vested in one person for the use of another, and the nature of the trust, not being qualified by the settler, is left to the construction of law.
A complex trust is any trust that does not meet the requirements for a simple trust. Complex trusts may accumulate income, distribute amounts other than current income and, make deductible payments for charitable purposes under section 642(c) of the Code. C. Grantor Trust A grantor trust is a trust over which the grantor has retained certain ...
Trust funds can play a significant role in estate planning, especially for people with a large amount of assets. Simple trusts allow grantors and donors to distribute portions of their assets both ...
Simple Trusts. There are several types of trusts, and a simple trust, also known as a bare trust, is one to which the trustee does not have to do anything other than ensure that the trust property is given to the named beneficiary within the time frame specified by the trust. The trustee has no other duties, unlike with other kinds of trusts.
A trust in which the beneficiary may take ownership of the assets in the trust at any time. He/she may also take any and all income the trust produced whenever he/she wishes. The trustees of a simple trust must act in accord with the beneficiary's wishes. A simple trust contrasts with other types of trusts, in which the trustees are not answerable to the beneficiary.
Simple trusts can be set up by almost anyone, and can be made effective either before or after the creator's death. If the trust is effective before the creator dies, it is a form of living trust.When the trust is effective after the creator dies — such as one created as part of a last will and testament — it is called a testamentary trust.
A complex trust is essentially the opposite of a simple trust. To be classified as a complex trust, it must do at least one of three activities within the year: The trust must retain some of its income and not distribute all of it to beneficiaries.
In a simple trust, a trustee is required to do nothing else but to make sure the trust property is distributed at a specified time as stated in the trust. A trustee in a complex trust is given a mandate to manage the affairs of the trust property, including making investment decisions for the benefit of the trust beneficiaries.