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Can you explain the basic differences
between a Charitable Remainder Unitrust and a Charitable Remainder
Annuity Trust?
Each of these two trusts uses different methods
in determining the income that is paid to the income beneficiaries.
If a Charitable Remainder Unitrust (CRUT) is being utilized, the
trust maker selects a fixed percentage of the principal that must
be received (which must be 5 percent or greater), and the attorney
drafts that amount into the language of the trust. The requested
percentage is applied to the fair market value of the assets as
they are annually valued. The trust maker's income will vary depending
upon the value of the assets in the trust each year, but the percentage
will be fixed. If the value of the principal goes up, the income
will go up as well. If the value of the principal goes down, the
income will go down. The fixed percentage figure is simply multiplied
by an expanding or contracting principal. If a Charitable Remainder
Annuity Trust (CRAT) is being used, a specified dollar amount
or percentage is determined, and this payment remains constant
to the income beneficiaries regardless of whether the trust principal
goes up or down in value over the years. The initial percentage
used in arriving at the first payment cannot be less than 5 percent
of the principal. If the value of the principal goes up, the income
will stay the same. If the value of the principal goes down, the
income will stay the same. A fixed percentage will yield a fixed
payment regardless of what happens to the principal. As an income
beneficiary, the trust maker must decide if a fixed payment better
suits his or her needs than a specified percentage of the annual
value of the trust assets.
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