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Home >> What Should I Do If I Receive a Crummey Notice?

What Should I Do If I Receive a Crummey Notice?

September 4, 2020 by Andreas Kulas

Port St. Lucie trust lawyers

If you are a beneficiary of a trust, it means that you have an interest in the assets held by the trust. It also means that the Trustee is required to communicate with you about trust business from time to time. As part of that obligation, the Trustee may send you a “Crummey Notice.” The Port St. Lucie trust lawyers at Kulas & Crawford explain what a Crummey Notice is and what you should do if you receive one.

What You Need to Know about Trusts

To understand the significance of a Crummey Notice you must first understand some trusts basics. Trusts are broadly divided into testamentary and living trusts. Living trusts are then further divided into revocable and irrevocable living trusts.  The person who creates a trust is referred to as the “Settlor” (or Grantor, Maker, or Trustor).  The Settlor appoints a Trustee whose overall job is to administer the trust using the terms created by the Settlor as well as manage and invest the trust assets. A trust must be funded using assets chosen by the Settlor. Sometimes, however, assets may need to be added to the trust after the trust’s original creation. This is where a Crummey Notice comes in.

What Is a Crummey Notice?

Named after the court case that gave rise to the rule, a “Crummey Notice” is simply a letter letting a beneficiary know that assets have been added to a trust and informing the beneficiary of his/her right to withdraw those assets if applicable. The law requires such a notice to be sent to ensure that beneficiaries of a trust understand their rights. Along with notifying beneficiaries that assets have been added and that they have the right to withdraw those assets, the notice should also provide a deadline within which the assets must be withdrawn, or the assets become trust property.

What Do I Do If I Received a Crummey Notice?

If you recently received a Crummey Notice, you undoubtedly want to know how to respond to it. Whether you respond at all depends primarily on the purpose of the trust itself. 

It can be counter-productive for a beneficiary to act on the notice because withdrawing the assets goes against the trust purpose. For example, if the trust is an irrevocable life insurance trust, or ILIT, you should simply ignore the notice. An ILIT works by creating an irrevocable trust and then transferring in, or purchasing, a life insurance policy wherein the Settlor of the trust is the insured. Upon the Settlor’s death, the proceeds of the life insurance policy are then paid out to the trust. The terms of the trust agreement then dictate how the proceeds are spent. 

Premiums for the life insurance policy during the time the Settlor is alive are paid by the trust. For the Settlor, an additional benefit is available if the funds gifted to the trust for the payment of those premiums were also tax-free. Without the addition of a Crummey power, however, gifts to an ILIT would not be eligible for the yearly gift tax exclusion because the gift must be one of “present interest” to be eligible for the tax-free treatment. If the “gift” cannot be immediately accessed by the beneficiaries, the gift creates a future interest, not a present interest. The addition of a “Crummy power” makes the gift eligible for the yearly gift tax exclusion.

Although the “Crummey power” gives the trust beneficiaries the right to withdraw the funds gifted to the trust immediately after they are transferred into the trust, doing so runs counter to the trust purpose. Those funds are intended to be used to pay the premiums on the life insurance policy – a policy that will ultimately pay out a considerable sum of money to the beneficiaries after the Settlor’s death. For an ILIT to work as intended, therefore, beneficiaries must simply ignore the Crummy notice and forego the ability to withdraw assets.

This same logic may apply to other trusts which is why it is in your best interest to consult with a trust attorney if you receive a Crummey notice to ensure that you understand how best to respond to the notice.

Contact Port St. Lucie Trust Lawyers

To learn more, please join us for an upcoming FREE seminar. If you have additional questions or concerns about a Crummey Notice, please contact the experienced Port St. Lucie trust lawyers at Kulas & Crawford by calling (772) 398-0720 to schedule a consultation.

Filed Under: Wills and Trusts

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Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family.

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"Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family."

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Janice M
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Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

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Krissy L.
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I have worked with Mr. Kulas & staff before. And they are very professional. I am very satisfied with Mr. Kulas and his staff and give them the highest satisfaction and 5 star rating.

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Mr. Kulas and his staff have been extremely helpful & knowledgeable for the over 3 years we have been associated. They are easy to talk to and explain everything without feeling rushed. Very competent and professional.

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Mildred W.
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I have known Robert Kulas for 20 years since I was co-executor for friends who had Mr. Kulas prepare a Trust for them. When I felt I needed a trust also, I came to him. I have always been completed satisfied with his work and that of his charming, competent staff.

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We began our estate plan process in 2004 (12 years ago) and have been pleased with the periodic reviews we have gone through and when changes have been needed the firm has been thorough and professional in making those changes.

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