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Simple English definitions for legal terms

disclaimer trust

Read a random definition: American Society of Writers on Legal Subjects

A quick definition of disclaimer trust:

A disclaimer trust is a special type of trust that helps spouses reduce the amount of taxes they have to pay on their estate. When one spouse dies, the other can choose to inherit their assets directly or disclaim them. If they disclaim the assets, they go into an irrevocable trust that avoids estate taxes for the surviving spouse. The surviving spouse still gets to use the assets, but they have to follow the rules of the trust. This type of trust can also protect assets from creditors and ensure that children receive them after the surviving spouse passes away.

A more thorough explanation:

A disclaimer trust is a type of trust that helps spouses limit estate taxes. When one spouse dies, the other spouse can choose to inherit assets directly or disclaim them. If the surviving spouse disclaims the assets, they will be moved into an irrevocable trust, known as a disclaimer trust, which avoids estate taxes for the surviving spouse. The surviving spouse can still benefit from the assets, but they will be limited to the terms of the trust.

For example, let's say John and Jane are married. John has assets worth $5 million, and he wants to ensure that Jane doesn't have to pay estate taxes on those assets when he dies. John can create a disclaimer trust in his will, which states that if Jane disclaims the assets, they will be moved into the trust. If Jane disclaims the assets, they will be moved into the trust, and she can still benefit from them, but she will be limited to the terms of the trust.

A disclaimer trust can also be used to keep assets away from creditors, later spouses if the surviving spouse gets remarried, or to ensure that children receive the assets from the trust after the surviving spouse passes.

For example, let's say John and Jane have children from previous marriages. John wants to ensure that his children receive his assets when he dies, but he also wants to provide for Jane. John can create a disclaimer trust in his will, which states that if Jane disclaims the assets, they will be moved into the trust, and his children will receive them after Jane passes away.

disclaimer | disclosure

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texaslawhopefully
20:32
I mean I think even the student body there only like 15 percent is part of fedsoc
It's more just not a good # for people who aren't willing to clerk conservative. I'm sure they place liberal clerks at an above average rate for a t-6 though. Maybe higher (not entirely sure)
texaslawhopefully
20:34
Page 14 has ideological splits by school: https://scholar.harvard.edu/files/msen/files/law-prof-ideology.pdf
texaslawhopefully
20:35
Chicago/UVA are more to the right but not by an exceedingly large difference
lilypadfrog
20:36
I feel like UVA doesn’t have that reputation the way Chicago does. That’s interesting. Thanks tex
yeah I've heard about uva being conservative
siroracle
20:48
Yeah it’s only 75 percent lib that’s pretty terrifying
Dkk
20:53
lmfao
20:59
@siroracle: funny cause true
@siroracle: don't you have a bridge to be under?
shouldn't you be collecting tolls
21:00
trolololol
atwatodbit
21:04
anyone know much about mich clerking
atwatodbit
21:05
ive tried to learn more about it but its hard to cut through stuff. numbers wise they look good?
21:06
this website is a good research tool for outcomes: https://app.lawhub.org/schools
atwatodbit
21:06
@llama: thanks!
21:06
yah
Dkk
21:10
Anyone else read the Antioch shooters manifesto today. Pretty crazy stuff.
21:14
sad
YRDSL
21:31
@texaslawhopefully: it's pretty funny how even in law journal articles people can't stop confusing Penn with Penn State
texaslawhopefully
21:40
lmfao I didn't even notice that
21:42
Yeah to penn Carey students I’m sure that is a
21:42
Those are fighting words
21:46
@Dkk: one of the most deranged documents i've ever had the displeasure of reading
lilypadfrog
22:03
sometimes I go into fight or flight mode until I get all my work done
i call that locking in
Dkk
22:29
@info-man: Indeed!
22:43
No movement today
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