# US 2023/0274362 A1 · Trust having a maximum distribution benefit to a beneficiary after the beneficiairy has reached retirement age and a process for developing such a trust

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- Number: US 2023/0274362 A1
- Document ID: US20230274362A1
- Status: Published application
- Kind: A1
- Application number: 18/131,804
- Filed: 2023-04-06
- Published: 2023-08-31
- Earliest claimed: 2022-02-25
- Inventors: William E. Hesch
- Web page: https://patentgrep.com/patent/US20230274362A1

## CPC

- G06Q 40/06: Asset management; Financial planning or analysis
- G06Q 10/10: Office automation; Time management
- G06Q: INFORMATION AND COMMUNICATION TECHNOLOGY [ICT] SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES; SYSTEMS OR METHODS SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES, NOT OTHERWISE PROVIDED FOR

## Abstract

A process for drafting or improving a retirement trust is disclosed. The process for drafting and improving the retirement trust provides for a grantor to fund the trust and allocate at least one portion of the trust to at least one beneficiary. The process also provides a working requirement of the at least one beneficiary to receive the distribution until the at least one beneficiary attains a pre-determined age. Upon reaching the pre-determined age the trust assets are managed to provide a lifetime income to the at least one beneficiary.

## Claims

### Claim 1

A process for drafting and improving a trust wherein a grantor funds said trust and allocates at least one portion of said retirement trust to at least one beneficiary, said at least one portion of said trust providing a distribution to said at least one beneficiary until said at least one beneficiary obtains a pre-determined age, said process for drafting and improving said trust comprising the steps of:
a) funding said trust by said grantor;
b) determining said pre-determined age of said at least one beneficiary by said grantor;
c) determining said at least one portion of said trust by said grantor to provide said distribution to said at least one beneficiary until said at least one beneficiary obtains said pre-determined age;
d) providing a working requirement of said at least one beneficiary in order to receive said distribution, said working requirement comprising the steps of:
1) determining an annual wage (income) of said at least one beneficiary;
2) determining a trust adjustment factor by comparing said annual wage of said at least one beneficiary determined in said step d1) with said pre-determined age of said at least one beneficiary determined in said step b);
e) drafting a trust document incorporating said working requirement therein;
f) determining a corrected at least one portion of said trust by applying said retirement trust adjustment factor determined in said step d2) to said at least one portion of said retirement trust; and,
g) distributing said corrected at least one portion of said trust to said at least one beneficiary according to said trust document incorporating said working requirement until said at least one beneficiary attains said pre-determined age determined in said step b).

### Claim 2 (depends on 1)

The process of claim 1 wherein said step d1) further comprises the step of evaluating the at least one beneficiary's income on an annual basis.

### Claim 3 (depends on 2)

The process of claim 2 wherein said step d1) further comprises the step of determining the at least one beneficiary's previous year's income by evaluating the at least one beneficiary's W-2 employment income.

### Claim 4 (depends on 2)

The process of claim 2 wherein said step d1) further comprises the step of determining the at least one beneficiary's previous year's income by evaluating the at least one beneficiary's Schedule C (if a sole proprietor), a copy of Form 1065 (if a partnership), or Corporate Form 1120 or 1120S (if a corporate tax entity) if the at least one beneficiary is a self-employed business owner.

### Claim 5 (depends on 2)

The process of claim 2 wherein said step d1) further comprises the step of determining the at least one beneficiary's previous year's income by evaluating the comparable wage needed to replace the beneficiary 127 if the at least one beneficiary is a self-employed business owner.

### Claim 6 (depends on 2)

The process of claim 2 wherein said step d1) further comprises the step of determining the at least one beneficiary's previous year's income by evaluating a net income of the business using amounts reported on tax returns with the only adjustment being that depreciation recorded on a straight-line basis.

### Claim 7 (depends on 2)

The process of claim 2 further comprising the step of distributing the full amount of said corrected at least one portion of said trust if said trust adjustment factor is zero.

### Claim 8 (depends on 2)

The process of claim 2 wherein said trust further comprises the step of excepting said work requirement is said at least one beneficiary is unable to satisfy said working requirement.

### Claim 9 (depends on 8)

The process of claim 8 wherein said step of excepting said work requirement further comprises the step of determining an amount of disability for said at least one beneficiary impacting the ability of said at least one beneficiary to realize an employment behavior necessary to satisfy said work requirement.

### Claim 10 (depends on 8)

The process of claim 8 wherein said determining and amount of disability further comprises the step of determining if said at least one beneficiary is unable to earn 50% or more of the average of said at least one beneficiary's last 3 calendar years' annual wages.

### Claim 11 (depends on 10)

The process of claim 10 wherein said corrected distribution comprise an amount equal to the difference of said at least one beneficiary's average 3-year annual wage and said at least one beneficiary's part time income received from said at least one beneficiary's employment.

### Claim 12 (depends on 8)

The process of claim 8 wherein said step of excepting said work requirement further comprises the step of determining whether said at least one beneficiary is a stay-at-home parent.

### Claim 13 (depends on 12)

The process of claim 12 wherein said step of determining whether said at least one beneficiary is a stay-at-home parent further comprises the step of delaying said work requirement until dependents of said at least one beneficiary achieve the age of majority.

### Claim 14 (depends on 13)

The process of claim 13 wherein said step of delaying said work requirement until dependents of said at least one beneficiary achieve the age of majority terminates when said dependents of said at least one beneficiary achieve the age of majority.

### Claim 15 (depends on 8)

The process of claim 8 wherein said step of excepting said work requirement further comprises the step of determining the total household income of said at least one beneficiary.

### Claim 16 (depends on 15)

The process of claim 15 wherein said step of determining said total household income of said at least one beneficiary further comprises the step of shifting said work requirement to a spouse and/or significant other of said at least one beneficiary.

### Claim 17 (depends on 1)

The process of claim 1 further comprising the step of, when said at least one beneficiary obtains said pre-determined age, distributing said trust to said at least one beneficiary.

### Claim 18 (depends on 17)

The process of claim 17 further comprising the steps of limiting said distribution to said at least one beneficiary to a first portion of said trust, and distributing a second portion of said trust to a descendant of said at least one beneficiary when said descendent reaches said pre-determined age.

### Claim 19 (depends on 17)

The process of claim 17 further comprising the steps of providing a Trustee, having said Trustee determine an annuity distribution amount for said at least one beneficiary, and said Trustee distributing said annuity distribution amount to said at least one beneficiary.

### Claim 20 (depends on 1)

The process of claim 1 wherein said step g) further comprises the step of distributing said corrected at least one portion of said trust to said at least one beneficiary as a fixed dollar amount of trust income and principle.

### Claim 21 (depends on 1)

The process of claim 1 wherein said step g) further comprises the step of distributing said corrected at least one portion of said trust to said at least one beneficiary as a fixed percentage of trust principle 116 annually.
