Marital Trust

A client of ours called about his IRA. He would like to leave the IRA to his Marital Trust for his spouse, with a remainder over to his kids. The question is whether, upon the spouse’s death, the children can roll their shares of the IRA over into FBO accounts to continue the tax deferral, or to the proceeds come out and are subject to tax immediately?



It is my understanding that if it hits the trust, they begin stretch over wife’s life expectancy and then if the kids inherit, they would continue the stretch



Query, will the marital trust be revocable, or irrevocable? It may sound like a strange question, however people attach many different names to each.



Even if it’s revocable, after the testator dies, if he/she revokes it from the next world, we won’t know about it.



Brtuce – here in IN, it is not unusual to have a Marital trust be revocable by the surviving spouse. I think most that you do are irrevocable, correct?



Why would anyone create a marital trust in which the spouse has the power to withdraw all of the trust assets? You might as well just leave the marital share to the spouse outright.



Correct. I think some of the older surviving spouses just like what they view as a smoother transition when their spouse dies. Remember that (at least in my area), they use mostly Revocable Living Trusts v. Testamentary ones. I am financial Secretary for our Church’s Endowment Fund, and its not unusual for the donations to come from the couple’s RLT.



My understanding is that any revocable trust becomes irrevocable upon the death of the Trustor.



Correct, however the “A” Marital CAN give full rights to the surviving spouse which could make the “A” trust revocable. Of couse if a Q-Tip is elected, that portion would also be irrevocable.



Thank you, Al. I was thinking of the Q-Tip Trust and the Revocable Living Trust.

Janine



Add new comment

Log in or register to post comments