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What is a Trust?

Posted by Noah Sarkauskas | May 30, 2022 | 0 Comments

When most people think of estate planning, they think of wills. Wills are an important part of estate planning, but they are not the only estate planning tool. One important part of estate planning is trusts.

A trust is a legal document that allows you to transfer property and assets to another person or entity while retaining control over those assets. Trusts can be used for a variety of purposes, including estate planning, asset protection, and tax planning. If you are considering estate planning, you should consider creating a trust. Trusts can be a very useful tool for Estate Planning.

What Is a Trust and What Are the Benefits of Having One in Your Estate Plan?

A trust is a legal entity that holds assets on behalf of beneficiaries. Trusts can be used for a variety of purposes, including reducing taxes, avoiding probate, and protecting assets from creditors.

Trusts can be an extremely useful tool in estate planning, as they offer a great deal of flexibility and control. For example, a trust can be used to protect assets from creditors or from being taken in a divorce. Trusts can also be used to minimize taxes on an inheritance, or to ensure that assets are distributed according to your wishes. If you are considering setting up a trust, it is important to speak with an experienced estate planning attorney to discuss your options and choose the right type of trust for your needs.

The Different Types of Trusts and How They Can Be Used to Protect Your Assets

There are many different types of trusts, but the most common are revocable living trusts and irrevocable trusts. Revocable trusts can be changed or revoked at any time, while irrevocable trusts cannot be altered once they are created. Revocable trusts can be changed or revoked at any time, while irrevocable trusts cannot. Trusts can also be either testamentary (created through a will) or inter vivos (created during the grantor's lifetime).

Here is a list of some types of trusts:

  • Revocable Living Trust
  • Irrevocable Trust
  • Charitable Remainder Trust
  • Special Needs Trust for a Disabled Beneficiary
  • Trust for Children or Grandchildren
  • Trust to Avoid Probate
  • Cabin Trust
  • Real Estate Trust
  • Bypass or Family Trust
  • Dynasty Trust (Generation Skipping)
  • Grantor Retained Annuity Trust
  • Qualified Personal Residence Trust
  • Marital Trust
  • and more...

How to Choose the Right Trustee for Your Trust

Choosing the right trustee is an important decision, as the trustee will be responsible for handling the assets and carrying out the terms of the trust. There are a few things to consider when choosing a trustee. First, you should consider whether the trustee is someone you can trust to act in your best interests. Second, you should determine whether the trustee has the necessary skills and experience to manage the assets effectively. Finally, you should consider whether the trustee is likely to act in accordance with your wishes. By taking these factors into consideration, you can choose a trustee who will best serve your needs.

What Happens if You Don't Have a Trust in Your Estate Plan?

If you don't have a trust in your estate plan, your assets will be subject to probate. Probate is the legal process of distributing a deceased person's assets. The court will appoint an executor to oversee the distribution of assets, and beneficiaries will need to go through the court to claim their inheritance. This can be a lengthy and expensive process, so it's important to have a trust in place to avoid probate. The assets within your trust can avoid probate if they are properly funded.

Without a trust, your estate will be subject to the whims of the court, and your beneficiaries may not receive their inheritance in a timely manner. So, if you want to ensure that your assets are distributed according to your wishes, it's important to have a trust in place.

The Importance of Updating Your Trust as Your Life Changes

Many people choose to create a trust because it offers more flexibility than a will, and can help to avoid probate. However, it's important to remember that a trust is not a set-it-and-forget-it document. You should review your trust periodically and make changes as needed to ensure that it still reflects your wishes. For example, if you get married or divorced, you'll need to update your trust accordingly. You may also need to make changes if you have children or grandchildren, or if you acquire new property. By keeping your trust up to date, you can be confident that your assets will be distributed according to your wishes in the event of your death or incapacity.

Contact a Trust Attorney in Wisconsin, Minnesota, or California

Do you need help with estate planning?

A well-thought-out estate plan is one of the most important things you can do for yourself and your loved ones. It ensures that your wishes are carried out after you die and can help reduce or avoid taxes and legal fees.

Heritage Law Office offers a wide range of estate planning services to meet your needs, from simple wills to complex trusts. We'll work with you to create a plan that fits your unique situation and gives you peace of mind knowing that everything is taken care of.

Send us a message or give us a call at 414-253-8500 today for a free consultation!

About the Author

Noah Sarkauskas

Bringing technology, automation, machine learning, and a systematic approach to the legal world, Noah Sarkauskas is making the legal field significantly more efficient. Noah leverages technology to complete your legal work in a significantly quicker and more time-efficient matter while simultaneo...


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