What is a Grantor Trust? How does a Grantor Trust relate to the Trust contract?
Grantor Trust – What is it?
A Grantor Trust is a type of legal entity that someone creates through a trust contract so that it protects, manages, as well as preserves wealth usually for heirs or charities. A trust is known as an “artificial legal person” in legal terms, so it is indeed a separate entity. The trust holds all assets under the instructions that are laid out by the creator of the trust.
How does a Grantor of a Trust relate to the Trust Contract?
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0Who Is the Grantor?
The Grantor (also called the Settlor or Trustor) is the individual who initiates and funds the trust contract. This person transfers ownership of assets into the trust to be managed by a Trustee, for the benefit of one or more Beneficiaries—such as a spouse, children, grandchildren, church, or nonprofit entity.
A trust must specify:
- Who the parties are (Grantor, Trustee, Beneficiaries)
- What assets are being transferred
- When and under what conditions distributions are made
- Where the trust is governed (legal jurisdiction)
- Why the trust exists (asset protection, tax planning, legacy)
How a Grantor Relates to the Trust Contract
The Grantor is the initiating party to the trust agreement—much like a signer of any other binding contract. Once executed, the Trust Deed becomes the formal instrument that governs the trust. It outlines the terms, rights, restrictions, and duties of both Trustees and Beneficiaries.
A Trust vs. a Will
While a will transfers assets upon death, a trust transfers assets during the lifetime of the Grantor, offering the benefit of avoiding probate, reducing taxes, and protecting wealth from potential legal or financial threats. The Trust Deed functions similarly to a will—but with much more flexibility, privacy, and long-term control.
The Three Elements of a Trust Document
Every trust is built on three core elements:
- Grantor
- Trustee
- Beneficiaries
Who Is the Grantor?
The Grantor—also called the Trustor or Settlor—is the person with the wealth. They’re the legal owner of assets being transferred into the trust. These assets may include:
- Personal residence or real estate
- Business or partnership interests
- Investment portfolios or retirement accounts
- Any asset of monetary value
The Grantor’s motivation? To remove assets from personal ownership for one or more of the following goals:
- Asset protection & wealth preservation
- Lawsuit risk reduction
- Elimination of probate (“probate jail”)
- Avoidance of estate taxes
- Tax advantages or deferral benefits
Grantor vs. Non-Grantor Trust
If the person who initiates the trust is also the one funding it, it’s a Grantor Trust. If someone else initiates it, it’s a Non-Grantor Trust. Legal semantics? Maybe. But the distinction matters for tax treatment and control.
Revocable vs. Irrevocable Trusts
If the Grantor keeps control over the trust assets, it’s a Revocable Trust. If they give up control, it becomes Irrevocable.
Here’s a simple way to think about it:
A Revocable Trust is like the neighborhood kid who brings his own ball to the basketball game. Everything’s fun—as long as he’s in charge.
The moment he doesn’t like the rules? He grabs the ball and goes home. Game over.
That’s what happens in a Revocable Trust—the Grantor controls the game. In an Irrevocable Trust, control is legally surrendered—often in exchange for greater asset protection and tax benefits.
Grantor Retains Control in Living Revocable Trusts
When the Grantor retains control, as in a Living Revocable Trust, it may appear to offer convenience—but it can ultimately destroy your estate in the event of:
- A lawsuit,
- A serious illness, or
- The rising costs of elderly care.
Also known simply as the Living Trust, this structure is designed from the Grantor’s point of view to eliminate the probate process—but at a dangerous cost.
Probate vs. No Probate
- Assets held in a trust: Avoid probate
- Assets not held in a trust: Go through probate—even if there’s a will
While that sounds helpful, the Living Revocable Trust is severely flawed for those seeking real asset protection or estate tax relief.
Why It Fails for Wealth Preservation
Most Grantors don’t realize that this trust offers zero protection from:
- Frivolous lawsuits
- Estate taxes
- Creditors or long-term care liabilities
In fact, any asset total over $675,000 renders the Living Trust virtually obsolete. Why? Because the Grantor retains ownership and control—and courts know it. That makes your assets fully exposed and completely reachable by litigators, government agencies, or predators.
There is no tax advantage. No wealth shield. No preservation benefit.
Why I Don’t Recommend Living Revocable Trusts
Let me be blunt:
I believe the Living Trust is a sham, sold to unsuspecting clients by professionals chasing recurring fees. Every time the Grantor wants to amend the trust, the attorney steps in—and so does another bill.
That’s why I tell my clients:
“Don’t just walk—RUN.”
Next Steps: What to Consider When Creating a Trust
Want real protection and long-term results?
Explore irrevocable trust strategies that insulate assets, reduce tax liability, and preserve your estate across generations.
For the Grantor: A Note on Estate Taxes
There’s ongoing debate in Washington over the future of estate taxes. House Ways and Means Chairman Bill Archer has stated he’s working to “gradually phase out” the death tax over the next decade. As Archer puts it:
“Death by itself should not trigger a tax.”
Yet, current estate tax rates still range from 37% to 55%—with only Japan taxing more heavily at 70%. By comparison:
- Germany: Max rate 40%
- Australia & Canada: No estate tax at all
The Real Cost of Dying in America
When you factor in federal and state taxes, along with:
- Probate costs
- Legal, accounting, and appraisal fees
- Executor and administrative fees
…it’s not uncommon for 70% to 80% of your estate to disappear.
The Solution: The Ultra Trust®
The so-called “tax phase-in” changes nothing substantial for wealth preservation. In fact, it’s only added confusion.
Here’s the truth:
The estate tax is a voluntary tax—and you can avoid it.
How?
By engineering your estate correctly with an Irrevocable Trust, such as the Ultra Trust®, you can legally bypass probate, reduce fees, and eliminate estate taxes altogether.