trust

What It Is

Also called a credit-shelter trust, a bypass trust is a method of passing assets to beneficiaries without subjecting those assets to estate taxes.

How It Works

Let's say John Doe owns a horse farm worth $11 million. He wants to pass the farm down to his son, James, when he dies. He does not have much in the way of cash -- all of his assets are in the farm.

John puts the farm in a bypass trust. Then he dies and James inherits the farm. James works the farm for 40 years, and then he dies and leaves the farm to his son, Jake.

Because the farm is in a bypass trust, James has to pay estate taxes on the farm when he inherits it from John, but Jake does not have to pay estate taxes on the farm when he inherits it from James. This is a good thing, because James has already paid estate taxes on the farm. Making Jake pay estate taxes again on the farm would amount to double taxation.

A bypass trust is irrevocable, meaning that once John puts the farm into a trust for James, he can't undo it. They also come with certain limits. For example, James must have restricted rights to liquidate the farm's assets, and John must specify in the trust what James can do financially in that regard. John can also control who James may leave the farm to.

Why It Matters

Bypass trusts help parents pass assets to children or other beneficiaries (or spouses pass assets to each other) in a manner that prevents the assets from being subjected to estate tax multiple times. However, because they are irrevocable, the decision to put assets in a bypass trust is one that must be made carefully. Also, the IRS sets forth specific wording that must be used in bypass trusts in order for them to "count," so it is important to use an experienced estate attorney when creating a bypass trust.

Source: Investing Answers

What It Is

Also called a naked trust or a passive trust, with a dry trust, a person transfers assets into a trust in order to pass them on to heirs or beneficiaries.

How It Works

Let's say John Doe is in a shaky marriage and wants to make sure $1 million of his money goes to his children rather than his second wife, whom he may divorce. He puts the money in a dry trust for his children.

The children are only 10 and 8 years old, but when they turn 18, they will have access to and control over the assets. In the meantime, John's wife cannot touch the assets, and a trustee manages the money on behalf of the children rather than on behalf of John Doe.

Why It Matters

Dry trusts are a way to ensure that beneficiaries receive assets as intended, but they also mean the benefactor gives up control over the assets. Additionally, age is typically the only condition of a dry trust, meaning that the trustee can't withhold funds from the trust if, say, John's children drop out of college, become addicted to drugs, or marry someone John doesn't like. The children simply must be at least 18 years old to obtain full control over the money.

Source: Investing Answers

What It Is

A land trust is a trust comprised exclusively of real estate assets.

How It Works

A land trust holds one or more properties for the benefit of a designated group or organization (beneficiary). The trust is managed by a trustee or board of trustees responsible for overseeing the property or properties on behalf of the beneficiary. Land trust beneficiaries can be for-profit or not-for-profit organizations trying to privately accumulate property holdings for purposes such as expansion or conservation. For example, a community with endangered wildlife may have a land trust for pieces of land that qualify as wildlife sanctuaries.

Why It Matters

The activities of a land trust, as with any manner of trust, are private in nature. For this reason, organizations acquire property by way of a land trust so not to effect a sudden change in the value of the property.

Source: Investing Answers

What It Is

Also called a dry trust or a passive trust, with a naked trust, a person transfers assets into a trust in order to pass them on to heirs or beneficiaries.

How It Works

Let's say John Doe is in a shaky marriage and wants to make sure $1 million of his money goes to his children rather than his second wife, whom he may divorce. He puts the money in a naked trust for his children.

The children are only 10 and 8 years old, but when they turn 18, they will have control over the assets. In the meantime, John's wife cannot touch the assets, and a trustee manages the money on behalf of the children rather than on behalf of John Doe.

Why It Matters

Naked trusts are a way to ensure that beneficiaries receive assets as intended, but they also mean the benefactor gives up control over the assets. Additionally, age is typically the only condition of a naked trust, meaning that the trustee can't withhold funds from the trust if, say, John's children drop out of college, become addicted to drugs, or marry someone John doesn't like. The children simply must be at least 18 years old to obtain full control over the money.

Source: Investing Answers

What It Is

Also called a dry trust or a naked trust, a passive trust is a trust into which a person transfers assets in order to pass them on to heirs or beneficiaries.

How It Works

For example, let's say John Doe is in a shaky marriage and wants to make sure $1 million of his money goes to his children rather than his second wife, whom he many divorce. He puts the money in a passive trust for his children.

The children are only 10 and 8 years old, but when they turn 18, they will have access to and control over the assets. In the meantime, John's wife cannot touch the assets, and a trustee manages the money on behalf of the children rather than on behalf of John Doe.

Why It Matters

Passive trusts are a way to ensure that beneficiaries receive assets as intended, but they also mean that the benefactor gives up control over the assets. Additionally, age is typically the only condition of a passive trust, meaning that the trustee can't withhold funds from the trust if, say, John's children do something of which he disapproves, such as dropping out of college. The children simply must be at least 18 years old to obtain full control over the money.

Source: Investing Answers

What It Is

A revocable trust is a trust with provisions that can be altered by the grantor. Sometimes a revocable trust is referred to as a "living revocable trust."

How It Works

A trust is a legal instrument that allows property to be passed to heirs and beneficiaries without going through probate (i.e., state directed distributions of assets upon death). A revocable trust gives the full control of the assets held in the trust to the grantor (i.e., the person setting up the trust). In addition, all incomes and distributions from the assets in the revocable trust are given to the grantor during their lifetime.

Why It Matters

Revocable trusts are an important way to ensure that assets will be passed along to heirs, especially in cases of sudden incapacity or death by the grantor. However, there is no tax savings to the grantor or the beneficiaries by having their assets in a revocable trust.

Source: Investing Answers