Will a GRAT Help Fund Your Retirement?

Walter had accumulated a modest fortune during his years as a successful businessman. As he looked ahead toward retirement, his estate planning attorney suggested some options that might provide him with an income. They considered several strategies, including buy-sell agreements and trusts. Walter was most interested in a GRAT.

What is a GRAT?

GRAT is an acronym meaning Grantor Retained Annuity Trust. The grantor – the person who created the GRAT – typically funds the trust with assets that are likely to appreciate. The grantor then receives annual annuity payments for the life of the trust. When the trust terminates, any assets remaining in the trust transfer to the heirs with little or no tax consequences.

A GRAT may be used to transfer wealth to family members while avoiding gift taxes.

GRATs also may provide the grantor with the money to retire gracefully.

Based on the rate contained in IRS Section 7520, annuity payments are calculated using either:

  • The interest earned from trust assets; or
  • A percentage of the total value of the trust assets.

GRATS may sound great, but they are not perfect.

A Few Drawbacks

Grantors or trustees may violate IRS Section 2702 if:

  • The trustee fails to pay the annuity to the grantor within the grace period, which is 105 days.
  • Any additional contributions are made after the GRAT is established.
  • The annuity payment increases by more than 120 percent over the last year’s annuity.
  • The GRAT issues a promissory note to the grantor instead of the annual annuity payment.

Violations could result in substantial penalties.

Sometimes the GRAT grantor passes away before trust termination. In that case, the trust assets become part of the grantor’s taxable estate. The beneficiaries receive nothing directly from the trust.

Can a GRAT Help Fund Retirement?

For some people, the answer is “Yes.” However, a GRAT should not be entered into lightly. It’s best to discuss all options with your estate planning attorney and financial advisors.

As a Florida attorney board certified in Wills, Trusts & Estates, Attorney John Mangan assists clients with estate planning needs. To schedule an appointment, call us at 772-324-9050 or fill out our Contact Form. Our office is conveniently located in Palm City, Florida. We also help clients throughout Florida, including Stuart, Palm City, Hobe Sound, Jupiter, and Port St. Lucie.

ADDITIONAL RESOURCES:

Revocable Vs. Irrevocable Trusts

What Are The Key Differences Between A Revocable And Irrevocable Trusts?

Disadvantages Of Using An Irrevocable Trust

Does A Revocable Living Trust Really Protect The Settlor’s Assets? The Answer May Surprise You

Is There A Way To Modify Or Terminate An Irrevocable Trust?

5 Reasons To Have Your Revocable Living Trust Regularly Reviewed

What Happens To A Trust After Death?

Do You Need A Trust Protector?

How To Choose The Right Trust

Understanding Domestic Asset Protection Trusts

Best Places To Establish A Domestic Asset Protection Trust

Benefits To Establishing A Florida Land Trust

Building Your Legacy Through A Charitable Remainder Trust

Advanced Estate Planning: Is It Right For You?

DIY Estate Planning Can’t Do These Four Things

Written by John Mangan, Esq.

John Mangan, Esq.

I’m an attorney in Palm City, FL, and I serve clients throughout Martin County, including Stuart, Palm City, Hobe Sound, and Indiantown, as well as those in St. Lucie County, the Treasure Coast, Palm Beach County, and other parts of Florida. The Law Offices of John Mangan, P.A., is an innovative firm providing estate planning services to clients in Florida. We focus primarily on wills, trusts, asset protection, guardianship, and probate administration.