Trusts and Wills

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What this video covers

  • The four essential trust roles (grantor, trustee, beneficiary, corpus) and how the Uniform Prudent Investor Act (UPIA) binds the trustee's investment discretion
  • Why revocable living trusts avoid probate yet produce zero income tax or estate tax benefits, since the grantor retains full control
  • Why irrevocable trusts remove assets from the grantor's taxable estate and shield assets from creditors, at the cost of surrendering all control
  • The critical distinction between inter vivos (living) trusts, which bypass probate, and testamentary trusts, which are born from a will and must pass through probate
  • How bypass trusts, generation-skipping trusts, grantor retained annuity trusts (GRATs), and charitable remainder trusts (CRTs) each solve a specific estate planning need
  • Why dying testate (with a valid will) differs from dying intestate (without a will), and why beneficiary designations on transfer on death (TOD), pay on death (POD), retirement accounts, life insurance, and jointly held assets with survivorship rights always supersede the will
  • The compressed trust tax brackets for irrevocable trusts, specifically why $16,000 of retained income triggers the 37% federal rate, and why this creates a structural push to distribute income to beneficiaries

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This video's complete written lesson is free to read in the CertFuel app, no signup wall. The complete Series 65 course also includes adaptive practice questions and spaced-repetition flashcards, free through December 31, 2026.

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