"Put not your trust in money, but put your money in trust"
Oliver Wendell Holmes
A great number of estate planners implement trusts. There are trusts designed to accomplish a host of planning alternatives. Most planners use a variety of trust documents in accomplishing the objectives of their clients. An estate planner uses trusts like a professional golfer uses clubs. However, very few clients will initially understand what trusts can do, what they involve, and how they are structured. Before explaining what trusts are, how they work, and what they may accomplish a brief history is in order.
Trusts have been used successfully, in one form or another, for hundreds of years and, in fact, go back at least to the Middle Ages. The concept was used by knights who received land in exchange for providing services to the king. (This usually meant going off to fight wars). To keep the land, the knight had to keep providing his services. After years of fighting the king's wars (and with the increasing availability of money taking the place of the barter system), the weary knight started paying the king a fee instead, and the king would then hire a mercenary to fight in the knight's place. Eventually the knights wised up and concluded that they could transfer the title of their land to the church (which was exempt from paying fees to the king), but retain the use of the land for their lifetimes or for several generations to come. This become known as a “trust”, because the knight trusted the church to allow him to continue using the land. So the knight kept the use of his land, the church got title to it, and the king didn't get his fees. This was the beginning of the living trust concept as we know it today.
In the United States trusts became associated with greed. Toward the end of the 19th century John D. Rockefeller Jr. was engaged in the capitalistic pursuit of controlling the petroleum marketplace. Mr. Rockefeller did a pretty good job of it. One of the problems he faced, however, was that different states had different laws; and these legal impediments threatened to curtail his interstate growth. With the help of his chief legal mogul, Mr. Dodd, Mr. Rockefeller signed a document called the "Standard Oil Trust.” He transferred all his Standard Oil stock to his trust, and he then named trustees to run that trust. Using a bold common-law form of title holding, Mr. Rockefeller set the world of finance on its ear.
Through the use of the Standard Oil Trust, Mr. Rockefeller crossed state lines and an empire was established. Monopoly resulted from this Standard Oil Trust because Mr. Rockefeller indeed controlled the petroleum marketplace. The government stepped in and passed antitrust laws. These laws were passed to curtail and regulate Mr. Rockefeller's monopolies and other monopolies throughout the American marketplace. These laws were antimonopoly laws, not really antitrust laws; but because of Mr. Rockefeller's legal genius, Mr. Dodd, chose to use the old form of ownership to effectuate his client's industrial dominance, trusts became synonymous with and a symbol of monopoly. Thus the nebulous reputation of trusts in the United States, but times are changing.
In estate planning, trusts enable people to pass title to their property to others either during lifetime or at death. When a person creates a trust and places property in a trust, the trust maker, in effect, makes a gift. Trusts enable their makers to make gifts to their beneficiaries and allow the trust maker to exercise significant control, on a prearranged basis, over the disposition of the trust property. In effect, trusts allow property to pass with "strings" attached.
A trust is defined as a legal entity, with all the rights and obligations of an individual, that is used primarily as a property management device.
The trust’s primary use is to manage and distribute the property granted to the trust by one party, (called the grantor) for the benefit of another party (the beneficiary). Legal title is transferred to the trustee, usually a third party responsible for the trust assets and their management. The beneficiary, who is not a party to the agreement, holds equitable title to the property since the trust exists for his/her benefit.
A trust exists whenever legal title to property has been transferred by one party (grantor) to another (trustee) for the benefit of a third party (beneficiary). In a trust, the legal ownership and the beneficial ownership are separated. The trustee is subject to the terms and restrictions placed on the trustee by the trust agreement at the request of the grantor. The trustee need not be a corporate or business "person,” often, the trustee is an individual.
A trust looks a lot like a Will. In fact, it actually does what a Will does. It lets property be distributed to the people or organization specified, but it does not go through Probate. Basically a purpose is used for six reasons:
1. Protect assets from creditors.
2. Income tax savings.
3. Manage trust property.
4. After death management.
5. Utilize the skills of qualified individuals.
6. Secure property for beneficiary.
There are seven elements in a well designated trust:
Intentionally sets up the trust. Only a natural person can create a trust under Will, but a business firm (or anyone else) can create a living trust. The grantor must have the legal capacity to transfer title to property. All states have laws specifying the minimum age at which a person may make a valid, enforceable contract. A trust is a contract.
Holds and manages property for the beneficiary. Trustee and beneficiary have a fiduciary relationship (i.e., the trustee must honestly and loyally act for the beneficiary's good).
The trustee manages all assets in the trust. The trustee can be the grantor but this could have adverse income and estate tax implications for the creator. If married, both spouses can be co-trustees. This way either party can act for the other. With a living trust, technically neither party owns the property. The trust owns the property.
Person(s) for whom the trust exists. Beneficiary does not have to be a natural person (e.g., a business entity). Beneficiaries must be identifiable, individually or as class. There should be no question as to the identity of beneficiaries.
A trust is not valid unless there is property to be placed in trust. It must exist at the time the trust is established. Trust property or principal is referred to as corpus of the trust. Almost any kind of property can be held in trust, unless the trust instrument itself places restriction on the type of property that may be held.
If the corpus consists of income producing property, then the trust agreement must specify what is to happen to this income. A trust that pays out all income it is a "simple trust.” Trusts that accumulate some or all of their income are "Complex Trusts.” When the trustee has discretion over distributions, the trust is referred to as a Discretionary Trust. When the grantor retains sufficient powers over or rights to trust income that he/she is treated as the owner of the trust for income tax purposes, the trust is called a Grantor Trust.
The trust must exist for lawful purposes. Obviously the trust cannot involve the commission of a crime to meet its objective nor can it generally deny the basic constitutional rights of individuals.
Must be stated fully and clearly. Trusts should be in writing. Some states have Parol (oral) trust but written trusts remove any doubt as to existence and terms.
Trustees may be individuals or entities (Bank and Trust Companies). Many people prefer to name as a trustee a relative, friend, financial adviser or other individual close to the family. If any individual is named, it is important to be sure that the person chosen has the honesty and basic financial know-how to serve competently. A trustee should know what needs to be done, and know how to get advice from people who know of such matters. There are decisions to be made if a client is considering an institution as opposed to an individual as a trustee.
1. Consider the costs. Bank Trust Departments charge an annual fee that often is in the neighborhood of 1% of assets under management depending on the size of the estate.
2. Look for a corporate trustee who has a record of experience and stability. If the trust will include a family business, real estate or other non-financial assets be sure to check these areas of experience.
3. Request a meeting with some of the Trust Department staff. Always ask about employee turnover and any pending mergers that might affect the institution's trust business.
4. Check the track record of investment results within the Trust Department. Because of concerns about investment performance consider designating a family member or other individual as co-trustee with an institution. Under an arrangement, if the institution fails to meet expectations, the individual can replace it. This could be one way to keep the Bank "on its toes.”
5. Trust Protector. This person would act as a watch dog and place limits on an institution's authority. Such an individual could be given authority to remove a corporate trustee. Since trust protectors are neither co-trustees nor beneficiaries, they would avoid some of the problems that may complicate other power sharing arrangements.
Generally, a trustee's duties are four fold:
The powers of trustees, either individual or institutionally, come from two sources; the law, and the terms of the trust itself. Some of the powers of a trustee would be:
Acting as a trustee involves a series of duties and responsibilities that accompany such powers, commonly known as fiduciary responsibility. Such duties include individuals or trustees that are acting for another's benefit. When acting as a trustee, fiduciary responsibility is only concerned about the property in the trust. As a fiduciary of a trust the individual is under a legal duty to fulfill all obligations inherent in the relationship until relieved of such duties. The duration of such duties can be from one year to 30 years. It will vary depending on the completion of the administration of the trust. There are four basic duties to all fiduciary relationships:
1 The trustee should not delegate his/her responsibilities.
2. The trustee should not profit at a beneficiary's expense (no conflict of interest).
3. The trustee must make full disclosure of all activities in the account.
4. The trustee must act for the beneficiary's benefit.
Special note: An individual is held to a lesser standard than an institution. An individual must act according to the prudent-man rule. This means that an individual must exercise judgment and care which can reasonably be expected of prudent people.
The trustee's power comes from the trust instrument and only last as long as the trust is in effect. The trustee generally has the power to:
1. Compromise claims.
2. Distribute property in cash or kind or both.
3. Retain or sell investments, mortgage property, borrow money.
4. Invest and reinvest in common trust.
5. Hire attorneys, investment advisor, accountants, etc.
A planner should recommend five considerations for a client before selecting a trustee:
1. Complications could occur when a beneficiary is a trustee (can't participate in decisions).
2. Elderly trustees may be able to provide only temporary services.
3. Trustees who are family members have difficult (uncomfortable) positions.
4. Individual trustees are not scrutinized the way corporate trustees are.
5. Due to the changing law and responsibilities, a trustee position is very difficult.
Two common problem areas of breach of duty occur when a trustee "borrows" and never returns trust assets. This is a civil and criminal breach. Also, the trustee invests trust funds at lowest return rate possible when higher return rate investments would not overly risk funds. This is a breach of duty.
Some actions that a trustee must not engage in are:
1. Compete for investments for business purposes.
2. Profit personally from dealings involving trust property.
3. Invest trust fund in the stock of the corporation (a Bank as trustee may not invest trust funds in the Bank's stock, and in some states, the trustee bank may not deposit trust funds in trustee's own bank).
4. Purchase property from a third party in which the trustee account has an interest.
5. Favor one trust account over another.
6. Use trustee property for personal use.
7. Sell to self as a trustee any property owned personally (unless authorized by the Will or trust agreement).
Investments by trustees must follow one or two rules: the Prudent-man rule and the use of prescribed list of investments (known as "legal investments"). This list will include: U.S. Government Securities, state and municipal bonds, public utility bonds, first mortgages on real estate and mortgage participation certificates. Often times the trust agreement will allow the trustee to invest in common stocks.
There are five types of trusts:
The advantages of living trusts will be explored in detail, however prior to such a discussion, the planner should have a general knowledge of the advantages of any trust.
There are numerous advantages in establishing a trust. Most of these advantages have become popular since Mr. Dacy’s Book "How to Avoid Probate."
As mentioned in the History Section of this Chapter in the past there has been confusion as to the basic nature of "trusts,” with clients becoming more sophisticated and aware of the need for planning the utilization of trust. There are 11 distinct advantages of establishing trusts:
There are many specific Trusts from revocable Living Trusts to generation-skipping Trusts. The last section of this Chapter deals with eight basic Trusts and their characteristics. In the final chapter six more Trusts and the manner they are used in Estate Strategy will be considered.
1. Grantor Retained Income Trusts (GRITS).
2. Pour Over Trusts.
3. Testamentary Trusts.
4. Support Trust.
5. Espousal Remainder Trust.
6. Section 2503(C) Trust for Minors.
7. Marital and non marital Trusts.
8. Generation-Skipping Trusts.
There are other trusts discussed in this text, such as Crummey Trusts, and Protect Assets for Kids Trust, but these are Trusts that are used more for specific purposes and are not used as frequently as the ones above.
(Please see SUPPLEMENT section in back of text for discussion of these trusts and the 2001 tax law.)
There are advantages to transferring (gifting) assets to children while parents are living, instead of waiting until death, especially if the assets will continue to appreciate in value.
Removing the assets from the taxable estate while the parents are living and while the value is much lower than it will be at death, can potentially save the estate thousands of dollars in estate taxes. A client can transfer such assets to children without paying estate or gift taxes. With a GRIT, the client transfers one or more appreciating assets into an irrevocable Trust for up to ten years. During this time (the term of the Trust) the client receives income from the Trust. (That is where this Trust gets its name, the grantor retains the income from the Trust). At the end of the Trust term, the Trust principal is distributed to the beneficiaries as long as the individual survives the term of the Trust, the assets are removed from the taxable estate so estate taxes are eliminated. And because the gift is delayed, the gift tax liability is based on an amount less than the actual gift being made. However, the client will probably not actually pay any gift taxes. During the term of the Trust, the Trust assets grow tax free and, with good management, by the end of the Trust term the original gift will have grown significantly in value. So the children will receive an appreciated asset free from both estate and gift taxes.
William wishes to reduce his taxable estate and give his son, Dan, $100,000. Rather than making an outright gift today, William places $100,000 in assets into a GRIT for ten years. Because William has retained the right to receive all the income from the Trust, he must pay income tax from the Trust when income is received. The IRS assigns an economic value to his right and reduces the present value of the gift made to the Trust for gift tax purposes. The reduction is determined from tables published by the IRS, the amount of the gift, current interest rates and the term of the Trust. Assuming an interest rate of 9.6% , the economic value is equal to $60,000. By delaying his gift to Dan, only $40,000 (the present value of the $100,000 gift) is subject to gift taxes.
For clarification, ask what would Dan have to invest today at 9.6% interest to have $100,000 in ten years? The present value of a future gift of $100,000 in ten years is $40,000. The IRS considers the gift to be worth only $40,000, even though the client is actually putting in $100,000 and if the investment makes more than 9.6% with good investment performance, by the time the gift is distributed it will probably be worth much more than $100,000.
Eliminating the gift tax. In general, of course, you can give up to $10,000 per person per year free from any gift tax. However, this gift tax exclusion does not apply to GRITS, so the gift tax is determined as explained above. This does not mean that the client will pay a gift tax when the GRIT is established. Instead, the present value of the gift is applied to the $650,000 federal estate tax exemption (in the example, the $10,000 present value of the gift would reduce the $500,000 exemption to $560,000, which can be used later). So, unless the client has already used up the $650,000 exemption, no gift tax will be incurred.
The client will also be able to avoid paying any gift taxes on the appreciating of the Trust assets as long as the GRIT meets three requirements:
If the client dies before the Trust term is over, the value of the Trust assets as of the date of the client’s death will be included in the taxable estate. However, the Trust does not have to end upon death. If any estate taxes are owed, the Trust can pay them and continue to grow tax-free until the Trust term ends. The son would still benefit from the tax free appreciation of the Trust assets.
Is a GRIT right for the client? There are several factors to consider, principally age, health and size of the estate. The type of asset that is gifted should be a consideration. The Trust assets must produce income. With a GRIT, children receive the asset as a gift instead of as an inheritance, and only a portion of the gift receives a stepped up basis. The rest retains the original cost basis.
(Please note the discussion of the Crummey Trust and 2001 Tax Laws in SUPPLEMENT section in the back of this text.)
(No, this is not a joke – it is named after a very intelligent businessman who wanted to avoid the “gift of present interest” requirement for a gift to qualify for the annual gift exclusion).
When a person, parent, grandparent, or otherwise, makes a gift to another person, the gift must be a gift of “present interest”, i.e., the gift must be an outright present and the person must be able to “spend” or sell the gift immediately.
A parent or grandparent may want to put money into a trust for the children or grandchildren and state that the money is for a college education or some other future benefit. But since the gift is a gift of future interest, it does not qualify for the $10,000 annual exclusion and gift tax must be paid.
The “inventor” of the Crummey Trust, after consultation with his attorney, decided to create a short-term trust in which the money would lose the characteristics of “future interest.” Funds would be temporarily deposited into his (Crummey) Trust. When the money is place into the Trust, the donee (in this specific case, his grandchildren) is notified that the money is there and that the grandchild can come and get the money if he so wishes. BUT, if the grandchild does not obtain the money within a specified time-frame, the money then moves into a permanent Trust where it will serve as a future benefit to the donee.
Now for the genius of the plan: The grandchildren recognized that their grandfather was doing them a favor, and they may expect that he will continue to put money in each year if they cooperate. Therefore, they elect not to run to the Trust and withdraw the money. They allow it to serve the future interest.
Fortunately, the I.R.S. approved the Crummey Trust and ruled that a gift so treated would be deemed to qualify for the annual exclusion from taxation. The Crummey Trust (also referred to as Crummey Power) has become a standard means of converting a gift of future interest into a gift of present interest, thereby excluding a $10,000 gift from gift tax, even though it has many of the characteristics of future interest.
Using Sprinkling Powers (or Spraying Powers) when designing a Trust for children or grandchildren can help to “even out” the benefits when one family member may need more help from the Trust than others. An example is where one child marries a very wealthy person and will not need as much financial assistance for either themselves or their children, as other family members.
CONSUMER APPLICATION
Bob and Marie have two children, Sue and Bill. Sue marries the son of a very wealthy individual who is also the sole heir to a fortune. Sue and her 2 children will probably never need financial support, however the situation could change in case of a divorce.
Bill has always had a hard time of it, barely getting through High School and flunking out of college. He joined the Army as a career, is married and has 3 children. He probably will stay in the Army and retire as an enlisted man. One of his children has evidenced symptoms of a learning disability.
Bob and Marie create a Trust by Will, which will produce an annual income, and the income will go to the five grandchildren as heirs. The length of the Trust is until the youngest heir turns 60 years of age.
The Trust will be spread by 20% to each of the heirs. BUT, the Trust contains the following wording:
“The Trustee is hereby ordered to produce all of the income that a prudent man can generate under the economic conditions of the time and to distribute all such income to the named beneficiaries every year, using the percentage amounts mentioned above for guidance purposes only.
The Trustees are given complete Sprinkling Powers. If one of the heirs should experience a health problem or a serious financial problem, the Trustee is ordered to use the Trustee’s personal judgement as to the distribution of the income to that heir that year. The income may be sprinkled among the named beneficiaries in any proportion the Trustee deems in the best interest of the heirs.”
The grantor's Will instructs the Executor to collect all assets that are subject to court jurisdiction and to pay all of the estate liabilities with the remaining assets, is the “Pour-Over” into a single Trust which is set up during the testator's life. The Trustee becomes responsible for the management and disposition of the estate's assets.
To review Testamentary Trusts, these Trusts are written in the Will and do not occur until death. Property that is destined for the Testamentary Trust must first pass through Probate. If the Will is held to be invalid, the Testamentary Trust will never come into existence.
Often used in estate planning these are Trusts that are designed to provide financial support for the Trust beneficiary.
Often used in the past as a device to shift income but was halted by the Tax Reform Act of 1986. The spouse was given a remainder interest to take effect, say, six years rather than the grantor retaining a reversionary interest to take effect in ten years. The planner should be aware generally of such arrangement in order to advise clients of the need to change Trust arrangements since this Trust is no longer accepted by the IRS.
A popular planning tool used in making gifts, usually in Trust, to a minor is the Section 2503C Trust. This Trust secures the $10,000 annual exclusion. An outright gift of a present interest will qualify for the annual $10,000 exclusion, but the gift of "future" interest will not. As you may recall, a "future" interest is a right to use property only in the future. Ordinarily, the future interest question arises in connection with gifts in Trust. The income beneficiary usually has a present interest, and the remainderman a future interest. However, if the income is to be accumulated, everyone has a future interest, except where a Trust for a minor meets the following requirements:
A practical consideration for many parents and grandparents is whether a 21-year old can, in fact, manage a financial nest-egg. If a client raises this concern, then another alternative plan should be devised which would restrict full enjoyment of any Trustee property until a later age.
This Trust is a device to receive and manage a creator's property for the surviving spouse while allowing the survivor some control over the property to qualify for the marital deduction.
The one big advantage of this type of Trust is that the surviving spouses do not have to burden themselves with various financial and property management decisions. The chances of property being squandered would be minimal since the beneficiary would need to invade the Trust to attempt to change the Trust agreement.
Most of the time the planner will discover that the surviving spouse will not have a great deal of experience in financial matters thus making the marital Trust a viable option. Property that makes up a marital Trust should be advised by an attorney. The attorney will probably be the best situation to determine the proper use of property upon a client's death.
The Trust is a device designed to allow the surviving spouse lifetime enjoyment of the Trust's income but also keep the property out of the survivors estate at his/her death. This type of Trust is advantageous in those estates where it is desired to keep the combined estate taxes of both to a minimum while allowing flexibility in providing for the needs of the surviving spouse while alive.
The marital deduction simply postpones taxation until the death of the surviving spouse. If the surviving spouse controls all of the property, it will eventually all be taxed at the second death. Even when this is used, the property will be taxed. It is just postponed for the first death. When a marital deduction is used in conjunction with a non-marital Trust that is funded by an amount that is the exemption equivalent to the unified credit, some tax avoidance can be accomplished because the non-marital portion would escape estate taxation at the second death.
It may be desirable to limit overall estate taxation in order to equalize both taxable estates. With the existence of the unlimited marital deduction many options are available for the non marital and marital Trusts.
(See SUPPLEMENT section in back of this text for application per 2001 Tax Law)
If clients are planning to leave assets to grandchildren, they should be aware of the Generation Skipping Transfer Tax. This tax applies if the inheritance skips a generation. For example, if a person omits his/her children as beneficiaries and leave the inheritance directly to his/her grandchildren and younger generations.
In the past, Generation Skipping Trusts were common, especially among the wealthy. The grandfather would set up a Trust that distributed only income from the Trust (no principal) to his children. The Trust principal would be distributed later to the grandchildren and future generations. This allowed the Trust to grow tax-free and appreciate in value, and it avoided the heavy taxation that would have occurred if each generation had been taxed on the full inheritance. One can understand how this Trust was used to build wealth for several generations.
Eventually (1986) Uncle Sam decided he wanted his share of taxes, just as if each generation had received its inheritance and paid taxes on it. So, if a person now leaves substantial assets to their grandchildren and future generations, bypassing their children's generation, these assets may be subject to the generation skipping transfer tax. The GST tax is a very expensive tax, a flat rate of 55%. Keep in mind that this tax is in addition to estate taxes, so if, for example, a $10 million of a $15 million estate was left directly to the grandchildren with no estate planning, $5.5 million would be paid in estate taxes and another $2,475,000 would be paid in GST taxes, leaving only $2,025,000 for the beneficiaries. The good new is that everyone has a $1 million exemption from this tax. So, husband and wife together can leave up to two million to their grandchildren and future generations free of this generation tax.
In summary the Generation-Skipping Tax is aimed at the wealthy individuals who want to pass a substantial amount of property to younger family members without paying federal estate tax when intervening generations of family members die. For must of us, generation skipping will never play a role in our estate plans.
CONSUMER APPLICATION
Bruce is a retired successful architect who has amassed about $3 million. All of the property and money is in his name, and not his wife’s as she has never had any interest in financial matters. Both of their children have married wealthy and appear not to need any money, so he wants to leave everything to his grandchildren.
The Estate Planner pointed out that the Generation Skipping Transfer Tax which is imposed on all gifts and legacies that go beyond the immediately succeeding generation, in effect targeting grandchildren and great-grandchildren.
In the situation of Bruce, the tax would be nearly $2.8 million – almost exceeding the value of the estate.
The solution was basically his giving his wife $1 million, and she and he would each transfer $1 to the grandchildren, thereby taking the Generation Skipping Transfer Tax exemption. This would exempt $2 million from this tax.
Then, through Trusts and gifts, there were other means to give to his children and letting them, at their option, give to the grandchildren.
The planners’ role in Trust planning is to suggest appropriate situations in which Trust planning could be helpful. By enlisting the help of a qualified Trust-oriented attorney, the planner can render a tremendous service to clients.
The planner should realize that every clients needs are unique and should be uncovered and the discussed. Many clients are unaware of the Probate proceeds and need to be informed of the many pitfalls that may be created by not exploring the advantages of Trusts. Clients that makes the effort to plan and prepare Wills are sometimes the most surprised of all clients as to "other options.” A planner’s responsibility is not to get caught up in the "emotionalism" of the newest marketing techniques to help clients avoid federal estate and gift taxes. Rather, your duties are to make recommendations for each client depending on that family's situation.
CHAPTER 9 – STUDY QUESTIONS
1. A trust
A. is used to establish a monopoly.
B. enables an individual to pass title to their property to others either during lifetime or at death.
C. transfers legal title to property to the beneficiary.
2. A trustee
A. will manage and distribute the property transferred to the trust by the grantor.
B. is subject to the regulations set down by trust department of the bank.
C. must be a bank.
3. The corpus of a trust
A. is not necessary for a trust to be valid.
B. can only be personal property.
C. is also referred to as trust property.
4. The beneficiary of a trust
A. must be a natural person.
B. must have the legal capacity to receive the gift; (trust benefits).
C. must be identifiable.
5. If the corpus of a trust consists of income producing property and the
A. and the trust pays out all income it is a “simple trust”.
B. the trustee decides what happens to the income.
C. the trustee accumulates the income and adds it t the principle.
6. The powers of the trustee
A. come only from state law.
B. and the responsibilities are commonly known as fiduciary responsibilities.
C. do not include the power to incur expenses.
7. A trustee breaches his/her duty when they
A. “borrow” and never return trust assets.
B. hires an investment advisor.
C. mortgage trusts property.
8. A living trust is
A. created through a Will.
B. also known as an inter-viro trust.
C. never created to benefit the grantor.
9. With a Grantor Retained Income Trust (GRITT)
A. at the end of the trust term the principle is distributed to the beneficiaries.
B. generally the trust corpus is vacant real estate.
C. the trust assets are not included in the grantor’s taxable estate.
10. A pour-over trust
A. allows assets to pour-over into a testamentary trust.
B. is used to take advantage of the unlimited marital deduction.
C. requires the trustee to manage and dispose of the estate’s net assets.
Answers to Chapter 9 Quiz: 1B, 2A, 3C, 4C, 5A, 6 B, 7A, 8B, 9A, 10C