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funding a trust

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MarkPJones

Guest
My Dad died late last year. He had estbalished a marital deduction trust agreement to protect his $675k exemption. The trust agreement says everything beyond the $675k goes to my Mom "free of trust", but he has the trust as beneficiary for his life insurance and profit sharing plan, which together exceed the $675k by a significant amount. Once these are paid to the trust, how are they transferred to my Mom so as not to create a tax liability ?
 


dmode101

Member
I assume that this is all done within a living trust. The marital deduction trust does not get established or funded until after death. The assets payable to the trust can be used to fund this trust. A great deal depends on the details of the trust terms (e.g. the funding formula). Filing the estate tax return and funding these trusts requires the assistance of an attorney. I recommend that you (or the trustee) retain an attorney to help with estate administration. Good luck.
 
M

MarkPJones

Guest
Funding the trust wasn't really the issue. The question is how does the excess amount (over $675k) get moved out of the trust without creating a tax liability ? Thanks.
 

dmode101

Member
It should be done automatically by a formula in the living trust. Without looking at the document it is impossible to say exactly. Again, seek professional help with this, and good luck.
 

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