Trusts and Wills
Chapters in this video
- 0:00 Terminology through Clara the Client's teapot trust
- 2:18 Revocable versus irrevocable: control and the tax trap
- 3:54 Living versus testamentary: the probate timing trap
- 5:02 Bypass, generation-skipping, GRAT, CRT, and will conflicts
- 6:47 The three exam lenses: estate vehicle, client, and tax entity
- 7:55 Rapid-fire exam recap
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
Read the full lesson, free
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.