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What is a trust? Types of trusts and how they work

Posted by Noah Sarkauskas | Jan 29, 2023 | 0 Comments

Understanding the basics of a trust and its importance in estate planning

A trust is a legal arrangement in which a trustee holds and manages assets for the benefit of one or more beneficiaries. Trusts can be used for a variety of purposes, including managing assets during a person's lifetime and providing for loved ones after death. They can also be used to avoid probate, minimize taxes, and protect assets from creditors.

The different types of common trusts and their purposes: living trust, irrevocable trust, special needs trust, life insurance trust

One of the most common types of trusts is a revocable living trust. This type of trust is created during a person's lifetime and can be modified or revoked at any time. This trust allow the grantor or trustor to retain control of the assets during their lifetime, while still providing for the distribution of assets to beneficiaries after death. The grantor can act as the trustee and manage the assets themselves, or they can appoint a separate individual or institution as the trustee.

Another common type of trust is an irrevocable trust. This type of trust cannot be modified or revoked once it is established and it is often used for tax planning and asset protection. An example of irrevocable trust is a life insurance trust, which is created to own a life insurance policy, and once established and funded, the proceeds from the insurance policy are passed to the beneficiaries named in the trust and are not subject to estate taxes

A special needs trust is a type of trust that is specifically designed to provide for the care and support of a person with special needs, without disqualifying them from receiving government benefits such as Medicaid and Supplemental Security Income (SSI). This type of trust hold assets, such as cash, investments, and property, and can be used to pay for things like medical expenses, therapy, and adaptive equipment.

The benefits of trusts: avoiding probate, minimizing taxes, protecting assets from creditors

Trusts offer several key benefits that can make them an important part of your estate plan. One of the major benefits is that trusts can help avoid probate, which is the legal process of administering a deceased person's estate. When assets are held in trust, they do not pass through probate, which means that your beneficiaries can receive the assets more quickly and with less expense.

Another important benefit of trusts is that they can be used to minimize taxes. For example, irrevocable trusts can be used to remove assets from the grantor's estate, which can help reduce estate taxes. Similarly, trusts can also be used to minimize gift taxes. By transferring assets to a trust, the grantor can make gifts to beneficiaries while avoiding or reducing gift taxes.

Trusts can also be used to protect assets from creditors. For example, assets held in trust are generally protected from creditors' claims, which can be particularly useful in protecting assets from long-term care expenses and the high cost of nursing home care. Additionally, trusts can also be used to protect assets for beneficiaries with special needs, so that the assets would not be affected by any financial aid received for the individual with special needs.

Overall, trusts can provide a wide range of benefits and protection, from avoiding probate, minimizing taxes, and protecting assets from creditors, which make trusts a valuable tool for estate planning and asset protection. It is important to consult with an experienced attorney to understand which type of trust would be most beneficial in your specific situation.

State laws and requirements for trusts and the importance of consulting with an attorney

It's important to note that trust laws vary by state and it's essential to consult with an attorney who is experienced in trust and estate planning to understand the specific laws and requirements of your state. Each state has their own laws regarding trusts, and it's important to create a trust that complies with these laws to ensure that the trust is valid and can be enforced.

An attorney can help you understand the different types of trusts that are available in your state, and can advise you on the best type of trust for your situation. They can also help you navigate the process of creating and funding a trust, and ensure that the trust is properly drafted and executed. They can also assist you with any ongoing administration and management of the trust, and make sure that you are in compliance with any state laws and regulations.

Additionally, laws and tax laws also change over time, therefore, it's important to review your trust periodically and make any necessary updates to ensure that it still aligns with your wishes and that it is still in compliance with state laws.

Contact Heritage Law Office for personalized advice on creating a comprehensive trust plan

At Heritage Law Office, our attorneys have the knowledge and experience to guide you through the process of creating and managing trusts, and help you understand the different types of trusts that may be right for you and your loved ones. Whether you're looking to manage assets during your lifetime, provide for loved ones after death, or protect assets from creditors and taxes, we can help you find the right trust for your situation.

Contact us today by calling 414-253-8500 or by sending us a message to schedule a consultation and take the first step in creating a comprehensive trust that meets your needs and protects your assets.

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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