How to Create and Fund a Crummey Trust in Lawrence?

A Crummey trust is a type of irrevocable trust that is commonly used by families in Lawrence to pass on assets to their children or grandchildren. This type of trust is named after Clifford Crummey, the taxpayer who won a court case in the 1960s that established the legality of the trust. If you're interested in creating and funding a Crummey trust in Lawrence, here are some steps you can take:

  1. Consult with an Attorney: Creating a Crummey trust can be a complex process, and it's important to get professional advice from an attorney who specializes in estate planning. An attorney can help you draft the trust agreement, ensure that it complies with state and federal laws, and advise you on the best way to fund the trust.
  1. Choose Your Beneficiaries: The beneficiaries of a Crummey trust are typically children or grandchildren, and the trust can be structured to provide them with income and/or principal distributions. You'll need to decide who your beneficiaries will be and how you want to distribute the assets to them.
  1. Set Up the Trust Account: Once you've drafted the trust agreement and chosen your beneficiaries, you'll need to set up a trust account. This account will hold the assets that you want to transfer to the trust, and it will be managed by a trustee that you designate.
  1. Fund the Trust: To fund the trust, you'll need to transfer assets into the trust account. This can include cash, stocks, real estate, or other types of property. It's important to work with an attorney and financial advisor to ensure that the transfer is done in a way that minimizes taxes and complies with state and federal regulations.
  1. Use Crummey Notices: To ensure that your contributions to the trust qualify for the annual gift tax exclusion, you'll need to provide your beneficiaries with a Crummey notice. This notice informs them that they have the right to withdraw their share of the contribution within a certain timeframe, typically 30 days. If they do not withdraw the funds, the funds remain in the trust and are subject to the trust's terms.
  1. Manage the Trust: Once the trust is funded, it will be managed by the trustee that you designate. The trustee is responsible for investing the assets, making distributions to beneficiaries, and ensuring that the trust complies with all legal requirements.
  1. Review and Update the Trust: It's important to review and update your Crummey trust periodically to ensure that it still meets your needs and complies with changes in state and federal laws. You may need to make changes to the trust agreement, update your beneficiaries, or adjust your funding strategy over time.