What Is a Trust?

Susan Kelly

Nov 02, 2022

When it comes to estate planning, one of the most important things you can do is create trust. But what is trust, exactly? In this blog post, we will discuss what trust is and how it can benefit you!

What Is a Trust?

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A trust which is a legal document. It transfer property and assets to another person or entity. This can be helpful for estate planning purposes, as it can help you avoid probate and ensure that your assets are distributed according to your wishes. Trusts can be divide in revocable and irrevocable. irrevocable trusts are a much more secure and lasting way to protect your assets than revocable ones because they cannot be modified or terminated once created.

Categories of Trusts

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The following are different types of trusts.

Living or Testamentary

Living Trusts: It means a trust that you created while you were alive. It can be used to hold your property and assets while you are alive.

Testamentary Trusts: It is a trust that is created when your death. It is used to distribute your assets according to your wishes.

Revocable or Irrevocable

Revocable Trusts: It is a trust that can be changed or terminated at your time.

Irrevocable Trusts: An irrevocable trust is a trust that cannot be modified or terminated once it has been created.

Funded or Unfunded

Funded Trusts: A funded trust is a trust that has assets in it. The assets can be used to pay for the costs of the trust, such as estate taxes or administrative fees.

Unfunded Trusts: An unfunded trust is a trust that does not have any assets in it. The beneficiaries of the trust will need to fund it with their own assets.

Charitable or Special Needs

Charitable Trusts: A charitable trust is defined as a charitable cause. The assets in the trust can be used to make donations to charities of your choice.

Special Needs Trusts: It is a trust established for the benefit of people with unique needs. A special needs trust literally means a person with unique needs. Assets created in a trust can be used to care for the beneficiaries. Trusts can be an important part of estate planning. If you are interested in creating a trust, you should speak to an experienced estate planning attorney who can help you choose the right type of trust for your needs.

Benefits of Trusts

Trusts can be an important part of your estate planning. Here are some of the benefits of creating trust:

  1. Avoids Probate: Probate may seem like an inevitable part of life, but it's not always necessary. Avoiding the process can save you time and money in what will be a difficult period for your loved ones after losing their mother or father suddenly. By transferring assets into trusts beforehand with specific terms discussing how those funds are used upon death - such as donating them to charity-, we ensure that everyone involved knows exactly where things stand regarding distribution before anything happens unexpectedly!
  2. Can Be Used to Avoid Estate Taxes: Another benefit is it can be used to avoid estate taxes. The interest in your estate may be subject to federal and state taxes when you die. However, if the assets are held through a trust they will likely not face this burden since it is possible for them to escape taxation thanks largely due the that way their value has already been transferred before death even though there might have only occurred recently enough where now these people can't do anything about paying up!
  3. Can be used to hold Your Property and Assets: A trust can also be used to hold your property and assets while you are alive. For example, if you have a disability, a trust can be used to ensure that your property and assets are managed according to your wishes.
  4. To provide for loved ones: Trusts can be used to provide for your loved ones after you die. You can specify how you want your assets to be distributed and who will receive them.
  5. To give to charity: If you want to make donations to charity, you can do so through a charitable trust. This can help you to maximize your tax deductions.

Who Controls a Trust?

The person who creates the trust is called the settlor. The settlor is the person who transfers their property or assets into the trust. The settlor can also be called the grantor or Trustmaker. The person who manages the trust is called the trustee. The trustee is responsible for manage property and ensuring that it is used according to the settlor's wishes. The trustee can be an individual or a company. The beneficiary is the person who benefits from the trust. The beneficiary can receive income from the trust, or they can receive assets from the trust when the settlor dies.

Conclusion

Trusts can be an important part of your estate planning. If you are interested in creating a trust, you should speak to an experienced estate planning attorney who can help you choose the right type of trust for your needs.


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