Irrevocable Trusts: A Case Study

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Although irrevocable trusts often are considered to have a future interest because the beneficiaries need to wait to enjoy the benefits available to them; by allowing the right to enjoy the property, or a portion of the property, at the current point in time, a present interest can be established (Leimberg, Shenkman, Katz, Kandell, & Miller, 2015). More specifically, by allowing the beneficiaries a limited window of opportunity to remove funds transferred into the irrevocable trust for the trustee benefit the grantor can be eligible for the gift tax exclusion. In order for this to qualify under the Crummery power and result in the ability of grantor to utilize the annual gift tax exclusion in the year they transfer the funds into the trust,

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