A trust is an estate planning tool that can be used to hold and manage certain assets. It can be employed to help preserve family wealth, protect beneficiaries from creditor claims or provide tax efficiencies and benefits. Trusts can also be useful in addressing issues of incapacity or in helping to avoid disputes between beneficiaries.
A trustee is a person or firm that holds and manages assets in accordance with the terms of a trust document. This is often a lawyer or trust company that specializes in the area of trusts. However, it can also be a trusted friend or family member. Regardless of who is appointed, the trustee has a fiduciary duty to adhere to a high standard of care and must act in the best interests of the beneficiaries. The trustee must carefully monitor and protect the trust assets, invest funds prudently and not mingle them with their own personal assets.
There are two basic types of trusts: revocable and irrevocable. Revocable trusts are generally created during one’s lifetime and can be changed or dissolved at any time. The grantor of the revocable trust can typically change beneficiaries, update successor trustees and modify other details within the document. Irrevocable trusts, on the other hand, cannot be changed or dissolved and require an independent trustee or company to manage them. This can offer more protection and may reduce state wealth transfer taxes, but it does limit the ability to change or remove assets from the trust.
Trusts are commonly used to hold illiquid assets like real estate, businesses and private investments. This can save on probate costs, prevent a squabble between siblings and other relatives over contested assets and help ensure that beneficiaries have the resources they need for life. In some cases, a trustee can even structure a trust to limit access by beneficiaries’ creditors or to take advantage of federal and state income tax savings.
Beneficiaries of a trust can receive regular distributions from the trust, or the trustee can liquidate the trust to distribute all or part of the remaining assets. A trustee can also make payments to other individuals or organizations that serve the beneficiary’s needs, such as a charity, health care providers or educational institutions. This can be a useful way to help loved ones with unforeseen expenses, such as a complication from an illness or a divorce.
A trust can be an important component of any estate plan. A knowledgeable estate planning attorney can explain the benefits of a trust and help create a plan that is appropriate for your situation. It is important to coordinate with your other advisors, such as financial and investment professionals and tax specialists. Together, you can devise a strategy that will maximize your tax savings and meet your goals. Contact us to set up a consultation with an experienced attorney. We can help you create a trust that will protect your privacy and minimize probate costs and conflict.