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Author: Wradical Big gold star, 5000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 5741  
Subject: Re: Spendthrift Trust Date: 4/19/2011 12:28 AM
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suppose sister A has lots of assets and bro B none.
A wished to put stock in a trust that would be distributed
1/25th for 255 yrs, providing the bro with stock he can eitehr sell
or sit on depending on his circumstance at that point in time.

what kind of thrust would be used?

tia

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When you say "what kind of trust", keep in mind that all trusts are alike, within the requirements of state law, and most are unique in some way, too. And the descriptions used here and elsewhere may only describe one feature of a trust.

For example, the term "spendthrift trust" just means that it has a section described in the notes above, where the beneficiary is limited in his/her ability to access the trust principal (or income) for his own good, or his own protection. But the same trust may also be described as a "marital trust" (if the beneficiary is a surviving spouse), or a "family trust" or "credit shelter trust" (the last two terms often mean the same thing, but not always).

Likewise, a "QTIP trust" pronounced Q-tip, which stands for qualified terminable interest property, is a trust for the benefit of a surviving spouse, designed to qualify for the marital deduction for estate taxes; all income MUST be paid to the spouse during his/her lifetime, and the trust will be included in his/her taxable estate at his/her death. This generally would not be good "spendthrift trust", but it might be described in terms of other features as well.

Bill
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