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5 Key Benefits To Establishing Trusts

May 28, 2016/in Estate Planning

Most people grow up hearing about trust fund babies or thinking that a trust is only for individuals who are rich. This is simply not the case. Establishing trusts can benefit many different people during life and after passing. The way a trust is established can provide many positive features that aren’t involved in a regular estate inheritance. Working with an estate attorney can help you to decide which estate planning options are best for you. Consider these six benefits to establishing a trust with your finances for now or later on.

Avoid Probate

First, what is probate? Probate is a process by which a judge rules on the validity of a will. This means that after a person passes, a will can be contested. Unlike a will, a trust is less likely to be contested. Therefore, expensive legal fees and delays in the execution of the estate can be avoided. This allows you to make changes and amendments to your estate trust when you’re alive, but after passing the trust acts as a will and allows the trustee to execute final wishes while bypassing the probate courts.

Regulated Distribution

There are sometimes concerns about how an individual may utilize inherited finances. The way in which regulations can be set with a trust may be beneficial. As a grantor of a trust, there can be regulations where the money is distributed in even, small increments, or it may have restrictions based on age or any number of factors. This may put your mind at ease on how the beneficiaries use the money for years to come.

Charitable Trusts

Not everyone who works with an estate attorney or establishes a trust has children as the beneficiaries. In fact, charitable trusts are a great use for individuals who don’t wish their financial assets to go to distinct individuals. Charitable trusts allow grantors to have set money designated towards a charity of choosing during the life of the trust. These, again, can be distributed after passing in one lump sum, or the trust can exist like a living trust that distributes money in a regulated manner.

Taxes

In addition to avoiding probate, trusts help reduce tax liability when money is transferred from the grantor to the beneficiaries or trustee. Assets placed into a trust a less likely to incur taxes. There are specific restrictions and rules that apply to what is taxable and nontaxable with a trust. According to HowStuffWorks.com, “A trust can provide a way to avoid or reduce estate taxes because assets and property placed into a trust are not subject to these taxes. For example, with a children’s trust, a grantor can make tax-free monetary gifts from an estate to children or grandchildren” up to the annual exclusion amount.

Privacy

A unique benefit of established trust funds is privacy. The probate process is fully open to the public. However, when individuals choose to bypass the probate process with a trust, the passing of assets can remain private. This means that beneficiaries will not receive public scrutiny or company scrutiny. In fact, assets can remain private even among family members, reducing fighting and remain contest-resistant.

4 Questions To Consider When Creating A Will

April 28, 2016/in Estate Planning

Making the decision to start estate planning by creating a Will is a very personal decision. Along with it being a personal decision it should also be a timely decision. No one wants to think about what could happen in the future. We’re all going to live to be 100 years-old right? Unfortunately, it’s important to start the process of creating a Will earlier in life so that you’re sure your affairs would be in order if something unexpected happens. Once you have decided to start the process of estate planning, there are several questions you should ask yourself as you work with an estate planning lawyer. Consider these topics as you work through the process.

Should I Have A Living Will As Well?

A will is a document intended to express your wishes after you pass. This includes everything from what happens to children, to who inherits property, and what happens with your finances. A living will is intended for times when you may still be alive but unable to make decisions concerning your care. If you have strong feelings about whether or not you want to be put on a ventilator, or if you know you’re going to have a medical procedure that involves anesthesia, a living will would be an important document to have so that your wishes are known. A living will is a document that compliments a standard will.

How Does This Affect My Children?

The purpose of creating a will is simply to make sure that your wishes are carried out after you pass. This includes any funeral arrangements and financial decisions. When it comes to individuals who have children, who do you want to have make decisions about their lives? If they’re minors, who will be their guardians? How will they be financially taken care of? If your children are older, will they receive equal treatment in the will? Will one be the executor of the estate over the other? These are questions that must be considered.

Who Are My Beneficiaries?

Not everyone has children and not everyone wants their entire estate to go to their children. That’s okay. Deciding who benefits from your estate is a very personal decision. Maybe you have two children and raised a nephew. You can designate equal assets to each of the three individuals so there is no squabbling. Or maybe you don’t have children and wish your assets to go to a very specific charity. That’s the purpose of the will is to be able to specify your wishes and know it will be carried out to the letter of the law.

Do I Need A Trust?

There are a variety of reasons someone may want or need to establish a trust. A trust is when assets are set up in an account with specific rules to them. Essentially the assets are set up where one person manages the assets for the benefit of another. This could be a trust fund for children that only allows access to the money when they go to college and or reach 18 years of age. Or it could be you’re looking to have your children manage your finances as you age. A trust could be of benefit there. Look at your unique situation and see if one could be of benefit to you.