The Trust Lawyers Blog

Trusts 101

Posted by Dave DePinto on Mon, Jun 13, 2016


a.Charitable Gifts: Gifts to qualified charities are income tax deductible.  In addition, the charitable component of a split interest trust (one where a portion of the trust has a charitable beneficiary, and another portion has a non-charitable beneficiary) is a reduction of total taxable gifts made during the year.  The deduction is unlimited as long as the gift is made without restrictions on the use of the property donated. Qualified charities include any corporation organized for religious, charitable, scientific, literary or educational purposes.  In addition, a charitable gift to the donor’s own private foundation qualifies for the deduction. 


b. Charitable Remainder Trust: A charitable remainder trust (CRT) is an irrevocable trust (an example of a split interest trust) to which the grantor contributes assets retaining a stream of income for either a term of years or for life, with the remainder passing to charity at the end of the term. The grantor is allowed an income tax deduction for the present value of the remainder interest that passes to charity, and the property contributed is permanently removed from his gross estate. The IRS requires the grantor to take an annual distribution of not less than 5% of the trust’s value.  The present value of the charity's remainder interest must be at least 10% of the trust's original value in order to ensure that the charity will receive some benefit at the end of the term. The duration of the trust may be a term of years not to exceed twenty (20), for the life of the donor, or the life of the donor and his survivor.

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Tags: Estate Law, Revocable Trust, Dynasty Trusts, Estate Planning, Residence Trust, Elder Law, Charitable Remainder Trust, CRAT, CRUT

How to Know if A Revocable Trust Is Necessary

Posted by Bridget T. Faldetta, Esq on Tue, Jun 05, 2012

There are two (2) types of trusts: revocable and irrevocable. A revocable trust can be modified, revoked or changed during your lifetime, as opposed to an irrevocable trust, which is much less flexible. A revocable trust allows you to maintain full control over your assets; however, it cannot be used to protect your assets from potential creditor claims or medical costs, or reduce the value of your estate for estate tax purposes. If any of these is your goal, you may want an irrevocable trust.

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Tags: Revocable Trust, Asset Protection