Will Grantor's Death Affect A Corporation Owned By The Trust

Will Grantor's Death Affect A Corporation Owned By The Trust

Living trusts and testamentary trusts may only hold S-Corporation stock for 2 years after the date of death of the grantor. After death, the trusts become ineligible shareholders and the corporation will lose its S-election due to the grantor's death. This does not apply to irrevocable trusts which have fidicuary bylaws allowing the trustees to purchase and sell stock by itself and without the grantor's permission, such as the Bulletproof Trust has.
    • Related Articles

    • Can This Work With Living Wills, Do-Not-Resuscitate, Living Trusts & Last Wills

      Yes/No. It all depends on the situation and how it is applied. Living Wills are separate from the trust and have to do with one's personal health (not as a Trustee) and therefore is suggested for everyone! Get a "printable Living Will form free" by ...
    • What Is The Difference Between a Will and Trust

      Wills May Turn One's Heirs Gray! Think about who distributes the money: a network of accountants, lawyers, appraisers, administrators, trustees, executors and…the courts. When does one get their money? ‘After’ everyone else gets theirs ‘After’ all ...
    • Can A Trust Be Shareholder for S-Corporation

      No. S-Corps are restricted from having a shareholder that is a private irrevocable express trust (i.e. Bulletproof Trust). Only a Testamentary Trust, Voting Trust, Electing Small Business Trust (ESBT) or Qualified Subchapter S Trust (QSST) can be a ...
    • Can LLC or Corporation Be A Grantor for A Trust

      A Corporation and LLC can be grantor for a statutory trust, but not a private express trust (i.e. Bulletproof Trust). Private express trusts require a living human being to be grantor. If the goal of using these statutory entities as grantor is to ...
    • Decanting an Irrevocable Trust

      Decanting allows trustees to change some provisions of an irrevocable trust by 'pouring' the assets into a new trust with modified terms. Decanting may be authorized by the express terms of the trust instrument, by common law, or by state statute. ...