M-MTax
Level 15

Investors & landlords


@Kbird35 wrote:

PLS HELP…getting different answers from everyone


No offense but you should stop asking "everyone" who is NOT an estate/trusts attorney or similar professional with experience drafting, reviewing, and administering trusts.

 

Of course, a trust can work in the manner you described but it needs to be drafted and funded properly. The main issue is the trust cannot be owned by the grantor (or controlled at the grantor's discretion, among other things). 

 

If you were to set up an irrevocable trust with an independent trustee and beneficiaries other than you, then it could work as you outlined. However, when the trust is funded, the funds transferred into the trust are treated as gifts to the beneficiaries, which could present a different issue.

 

Discuss your desired outcome with a qualified professional in your area.