Many estate planners rely on the flexibility of Grantor Trusts in order to maximize wealth transfer saving for their clients. Under new proposals offered up by President Obama, and currently being considered, assets transferred to a Grantor Trust and treated as owned by the Grantor for income tax purposes, would now be included in that Grantor's gross estate. Additionally, any transfers from that trust to any beneficiaries during the Grantor's life would be considered a taxable gift. This would change much of estate planning for business of clients as well illiquid real estate assets.
See Roger Russell, "Estate Planners Fearful of Grantor Trust Rule Changes," AccountingToday.com (August 3, 2012)
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