3. Why not sell the asset myself and re-invest?

You could, but you would pay more in taxes and there would be less income for you. Let’s look at an example.

Years ago, Max and Jane Brody (ages 65 and 63) purchased some stock for $100,000. It is now worth $500,000. They would like to sell it and generate some retirement income.

If they sell the stock, they would have a gain of $400,000 (current value less cost) and would have to pay $60,000 in federal capital gains tax (15% of $400,000). That would leave them with $440,000.

If they re-invest and earn a 5% return, that would provide them with $22,000 in annual income. Multiplied by their life expectancy of 26 years, this would give them a total lifetime income (before taxes) of $572,000. Because they still own the assets, there is no protection from creditors and no charitable income tax deduction is available.

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2. How does a CRT work?

You transfer an appreciated asset into an irrevocable trust. This removes the asset from your estate, so no estate taxes will be due on it when you die. You also receive an immediate charitable income tax deduction.

The trustee then sells the asset at full market value, paying no capital gains tax, and re-invests the proceeds in income-producing assets. For the rest of your life, the trust pays you an income. When you die, the remaining trust assets go to the charity(ies) you have chosen. That’s why it’s called a charitable remainder trust.

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1. What does a CRT do?

Since 1969, countless families have used charitable remainder trusts (CRTs) to increase their incomes, save taxes and benefit charities.

A CRT lets you convert a highly appreciated asset (like stock or real estate) into lifetime income. It reduces your income taxes now and estate taxes when you die. You pay no capital gains tax when the asset is sold. And it lets you help one or more charities that have special meaning to you.

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15. Could a Corporate Trustee Help You? Look at These 18 Real-Life Situations

Building Wealth with Professional Asset Management

  • My spouse took care of all our investments. Since he (she) died, I don’t know what to do or whom to trust.
  • I don’t know where I should invest my money. I’m so confused by everything I read.
  • I just received a large inheritance. I’ve never had to invest this much money before.
  • I travel a lot now (business or pleasure) and I don’t have time to manage my investments like I used to.
  • I recently sold my business (or other assets). Now I just need to figure out how to invest my money.
  • I just received a large settlement from a lawsuit, divorce, etc.

Wealth Protection with Retirement/Estate Planning

  • I’m retiring soon. I’m not sure how I should take distributions from my IRA and other plans.
  • I’m a business owner/professional and I’m wondering what my options are for retirement plans.
  • I’m changing jobs. Should I take a lump sum distribution from my current retirement plan?
  • I want to avoid probate and save estate taxes.

Smooth Settling of an Estate

  • I’m executor/personal representative of my father’s estate (trustee of my father’s trust). I don’t know what I’m supposed to do or how to do it.

Peace of Mind at Incapacity

  • I worry about what will happen to me and my money if I become mentally or physically incapacitated.
  • I’m concerned about my mother (father). I don’t have the time to help her with her finances, and I’m worried she might be taken in by some scam.

Caring for Loved Ones/Gifts

  • One of my children is not responsible with his own money. I shudder to think what will happen to his inheritance — my money — after I die.
  • I want my children to be responsible and productive — not spoiled or lazy from a large inheritance.
  • I’d like to make gifts to my children and grandchildren to save estate taxes.
  • I have a child with special needs. I worry about what will happen to him when something happens to me.
  • I’d like to make a large gift to a charity.
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14. How can I evaluate a corporate trustee?

Talk to several. Visit them if you can. Ask how long the trust department has been in business, how many trusts they manage, minimum and average size of trusts they manage (most require a certain amount of assets) and how much experience their people have in the trust business.

Compare investment returns, fees (including when and how much the last increase was), and services. Ask to see samples of statements or reports you would receive and see how easy they are to understand.

Facts and numbers are important, but so are the people. Do they seem to genuinely care about you and your family? Do they listen and seem to understand your concerns? Can you understand them? How confident are you that they will be there for you and your family when they are needed?

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13. Is a corporate trustee expensive?

Most are very reasonable, especially when you compare their fee to the costs of paying others for estate and tax planning advice, for investment management, for preparing tax returns, and for investment trading commissions.

A corporate trustee typically provides all these services and more for only a small percentage of the value of the assets they manage for you. (Fees are published, so you can find out what they are.) And because their compensation is based on how much those assets are worth (instead of on how many trades they make for you), a corporate trustee is motivated to help your assets grow.

To see the fee schedule for TCA TrustCorp America, click here.

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12. Are there any disadvantages to using a corporate trustee?

Because they must objectively follow the instructions for the trusts they manage, some beneficiaries (especially those who want the money now instead of when the trust states) have found them to be uncooperative.

But that may be exactly what you want. One reason why many trusts are set up, and a corporate trustee chosen, is to keep a beneficiary from getting the money until Mom and Dad (or whoever set up the trust) intended.

However, if you are concerned about a corporate trustee being too impersonal, you can always name a family member or close friend to act with them as co-trustee.

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11. Should everyone use a corporate trustee?

No, of course not. But many more people should consider one. Most people are just not aware of the many benefits a corporate trustee can offer them and their families.

You need to look objectively at your situation and the type of trust you set up. If you have a modest estate and your trust is fairly simple, you may be fine being your own trustee and having a capable family member step in for you when you can no longer manage your trust yourself.

But if your estate is larger, has a variety of assets, includes tax planning, or if you doubt your relatives’ capabilities or intentions, definitely consider a corporate trustee.

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10. How safe are trust assets?

Even if a bank or trust company fails, trust assets are safe. By law, trust assets must be kept separate from all other assets. They cannot be loaned out, mixed with the corporate trustee’s own assets or used to satisfy its creditors. Because of these safeguards, trust assets are not insured by the FDIC.

You are also protected against fraud, theft (for example, if an employee takes trust assets and disappears), or if they make an error administering your trust. But, of course, there is no insurance or bond that will protect you if your assets lose value simply due to a decline in market values.

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9. Do I lose control if I use a corporate trustee?

Not if the trust is prepared correctly. With most trusts, you can change your trustee at any time if you aren’t satisfied. Even with an irrevocable trust, you or your beneficiaries can have the right to change the corporate trustee.

Also, the trustee you select must follow the instructions you put in your trust — while you are living, if you become incapacitated, and after you die. That’s because a trust is a binding legal contract, and your trustee can be held liable if he or she doesn’t follow your instructions.

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