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A fiduciary relationship between a trustor and trustee for the benefit of a surviving spouse and the married couple's heirs. Also called an A trust, a marital trust goes into effect when the first spouse dies. Assets are moved into the trust upon death and the income generated by the assets goes to the surviving spouse. Under some arrangements, the surviving spouse can also receive principal payments.
Trust will terminate 21 years less one day after the death of the survivor of. Settlor and all of the beneficiaries of Trust living on the date Trust was executed. Currently, Spouse is serving as the Interested Trustee and Individual is serving. as the Disinterested Trustee. Further, the Disinterested Trustee must be able to possess the. powers granted that trustee without causing Trust income or principal to be attributable. to a trust beneficiary for federal income, gift, or estate tax purposes before such income. or principal is distributed to such beneficiary.