Should I Protect My Assets in a Trust

Should I Protect My Assets in a Trust?

A trust offers various advantages and applications that make it a valuable tool in managing assets and estates. Whether it is utilized during a person’s lifetime or after their death, trusts provide flexibility and strategic advantages for the trustor and beneficiaries involved. This article will explore the uses of a trust and its associated benefits.

One of the primary uses of a trust is to manage a trustor’s assets during their lifetime. By establishing a trust, individuals can place their assets under the management and control of a trustee. This arrangement ensures that the assets are safeguarded and effectively utilized according to the trustor’s wishes. Trusts can be designed to distribute income generated by the assets to the trustor, allowing them to benefit from their wealth while maintaining control over its management.

Trusts also play a crucial role in estate planning, particularly in the efficient transfer of assets to beneficiaries after the trustor’s death. By creating a trust, individuals can specify their desires regarding the distribution of their assets, ensuring that they pass to the intended recipients. This can be particularly advantageous when dealing with complex family situations, such as blended families, or when providing for minor children or individuals who are incapable of managing their finances.

One of the significant benefits of utilizing a trust is the potential for reducing estate taxes. Through careful estate planning, individuals can structure their trusts in a way that minimizes the tax burden on their estates. By transferring assets to a trust, they remove them from their taxable estate, potentially reducing the overall tax liability upon their death. This allows more of the assets to pass to the intended beneficiaries, preserving their financial legacy.

In addition to tax advantages, trusts offer protection from creditors. Assets placed in a trust can be shielded from potential claims or legal actions, providing a layer of security for the trustor and their beneficiaries. This protection can be particularly valuable in situations where the trustor’s profession or business carries inherent risks or if the beneficiaries face potential financial liabilities.

Trusts can also help avoid probate and court fees. Unlike assets passing through a will, assets held in a trust can bypass the probate process, which can be time-consuming and costly. By avoiding probate, the assets within the trust can be distributed to the beneficiaries more swiftly and efficiently, ensuring a smoother transfer of wealth.

Privacy is another significant benefit associated with trusts. While wills are typically subject to public scrutiny during the probate process, trusts offer a level of confidentiality. The details of the trust, including its assets and beneficiaries, remain private, providing a shield from public disclosure and maintaining the trustor’s confidentiality.

Overall, trusts are versatile instruments that serve multiple purposes in wealth management and estate planning. Whether it is to manage assets during the trustor’s lifetime, provide for minor or incapacitated beneficiaries, reduce estate taxes, protect assets from creditors, or ensure privacy, trusts offer numerous benefits. By utilizing a trust, individuals can protect their wealth, dictate the distribution of their assets, and leave a lasting financial legacy for their loved ones.

What Are the Most Common Types of Trusts?

While the basic structure of a trust remains pretty much the same, there are several different types of trusts with different purposes and specific arrangements. The five main types of trusts are living, testamentary, revocable, irrevocable, and funded or unfunded.

But even beyond those, there are dozens of kinds of trust funds. Each has its own uses and purposes, but most follow the same basic structure of a traditional, three-party trust.

Living Trust

A living trust, sometimes known as an inter-vivos trust, is one made by a trustor during his or her lifetime, with assets or property intended for the individual’s use during their lifetime. This type of trust allows the trustor to benefit from the trust while alive, but passes the assets and property on to a beneficiary (using a trustee) upon their death. With a living trust, you are generally able to avoid probate court, provided the trust is funded.

Testamentary Trust

A testamentary trust, often called a will trust, is an agreement made for the benefit of a beneficiary once the trustor has died, and details how the assets must be endowed after their death. This type of trust is often instituted by an executor, who will manage the trust for the trustor’s decedents after their will and testament has been created. And, a testamentary trust is irrevocable (cannot be changed or altered).

Revocable Trust

A revocable trust, like a living trust, is created during the trustor’s lifetime. It is able to be changed, terminated, or otherwise altered during the trustor’s lifetime by the trustor themselves. It is often set up to transfer assets outside of probate. In this case, all three parts of the arrangement (the trustor, trustee, and beneficiary) are often the same person who can manage their own assets, but will be given over to a successor trustee and other beneficiaries upon the trustor’s death.

Irrevocable Trust

On the contrary, an irrevocable trust is one that a trustor cannot change or alter during his or her lifetime or that cannot be revoked after his or her death. Because this type of trust contains assets that cannot be moved back into the possession of the trustor, irrevocable trusts are often more tax efficient—with little to no estate taxes at all. For this reason, irrevocable trusts are often the most popular as they transfer assets completely out of the trustor’s name and into the next generation or beneficiary’s name. However, a living trust can be either revocable or irrevocable based on its specifications.

Funded or Unfunded Trust

Funded or unfunded trusts are trust agreements that either have funds (assets) put into them or do not. These trusts can become funded at any point, either during life, or after the death of the trustor.

Credit Shelter Trust

A credit shelter trust, also known as a bypass trust or a family trust, is a trust fund that allows the trustor to grant the recipients a number of assets or funds up to the estate-tax exemption. Basically, this allows the trustor to give a spouse or family member the remainder of the estate tax-free. These kinds of trusts are often very popular due to how the estate remains tax-free forever, even if it grows in size.

Insurance Trust

An insurance trust allows the trustor to combine their life insurance policy within the trust, keeping it free from taxation on the estate itself. This kind of trust is irrevocable and doesn’t allow the trustor to change or borrow against the life policy itself, but allows the life policy to help pay for post-death expenses on the estate.

Qualified Terminable Interest Property Trust

A qualified terminable interest property trust is a trust that allots assets to different beneficiaries at different times—often in the pattern of being directed to a spouse upon the trustor’s death, and subsequently to children after the spouse’s death. In this case, the children of the original trustor would receive whatever estate was left after the death of the trustor’s spouse.

Charitable Trust

A charitable trust is a trust that has a charity or non-profit organization as the beneficiary. In normal cases, this type of trust would be built up during the trustor’s lifetime and, upon their passing, be doled out to a charity or organization of the trustor’s choosing, avoiding or reducing estate taxes or gift taxes. A charitable trust could also be part of a normal trust, wherein the trustor’s children or inheritors would receive part of the trust upon their passing, with the remainder of the estate going to the charity.

Blind Trust

A blind trust is a trust that is handled solely by the trustees without the beneficiaries’ knowledge. These trusts are often used to avoid any conflicts between the trustees and beneficiaries or between beneficiaries.

Why Choose Attorney Brown for Your Estate and Probate Needs?

With nearly two decades of experience, Principal Attorney Christy K. Brown is a No-Nonsense, Forward-Thinking, and Result-Oriented probate, estate planning, and business lawyer, and she’s committed to handling each of her clients’ concerns equally, creatively, relentlessly and in a personal way from the first meeting. Call our office today or schedule your free 15-minute phone consultation to learn more about how we can help you through the probate process.


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