Do Incentive Trusts Encourage Responsibility?

Wealth is difficult to knead, but easy to miss. This worries some rich parents, so they are transferring assets to your heirs with conditions.

With a tax-exempt $ 5,000,000 lifetime gift instead of 2011 and 2012, parents are transferring significant amounts of their children and grandchildren now rather than leaving it to death. However, parents realize that putting so much wealth in the hands of their heirs would be crazy if the heirs lack self-motivation, strong work ethic, financial expertise and core values. To promote positive behavior, some parents are funding incentive trusts, heirs will determine if your party will actually receive the money allocated to them.

An incentive trust requires the recipient to meet certain goals set by the creator of the trust, or grantor, to receive distributions of income and capital. Typical milestones include maintaining a certain average, while in school, graduate school, obtaining full-time employment and actively participate in philanthropy. For example, trust could indicate that the president will make annual distributions equal to income earned by the beneficiary.

An incentive trust can provide numerous benefits to the grantor. If structured as an irrevocable trust is an effective means for the transfer of assets and future income of the grantor's assets, thus escaping estate taxes. Of giving many, however, the tax benefits of establishing a trust are secondary. These individuals are attracted to non-tax attributes, such as using the confidence to establish a legacy, a way of transmitting values ​​to new generations. The trust can also serve as a motivational tool, encouraging beneficiaries to obtain a certain level of education or find gainful employment, which could not occur if the child grew up with the money and has developed a strong sense of entitlement.

However, relies on incentives may have unintended consequences. Beneficiaries can not develop the value system that the grantor was trying to enforce through the trust. They can even adopt a negative performance in the gaming system. This may include college transcripts ink or the creation of false certificates or receipts of payment to meet the distribution requirements of the trust. If the grantor does not clearly define their intentions, the beneficiaries may be punished for achieving low-wage careers, such as becoming primary school teachers, or to decide who stays at home with their parents, if the distributions of confidence are linked wages. Career aspirations or other business could be crushed if the distributions of confidence requires participation in the family business, pushing the recipients to pursue careers in which they may have no interest.

Ill-considered arrangements can cause resentment by one or more beneficiaries to the grantor to try to control his life in adulthood. They can also cause some beneficiaries to resent their counterparts who have achieved the requirements necessary to receive trust distributions. Often, these unintended consequences are the result of the trusts that are inflexible and difficult to manage.




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