Trusts
A trust is a legal relationship between two or more parties in which one party, called the grantor, entrusts his or her property to another party, called the trustee, for the benefit of a third party, the beneficiary. Trusts are one of the most versatile estate-planning tools and can be used to reduce taxes, provide easy asset transmission, and protect vulnerable beneficiaries.
Trusts fall into three basic types: revocable trusts, irrevocable trusts, and testamentary trusts. A revocable trust is created during the grantors lifetime and can be changed or revoked at any time. A revocable trust gives the grantor the flexibility to modify the trust or even out of it as his or her circumstances change. Irrevocable trusts cannot be changed or revoked and are primarily used for tax-reduction benefits. The assets placed into an irrevocable trust are no longer the property of the grantor. A testamentary trust is created in a will and goes into effect, with the trustee taking control, when the grantor dies.
Trusts are commonly used to transfer assets from one generation to the next. By placing assets into trust, the grantor can protect them from being property of the next generation, in case the beneficiary doesnt have the financial strength needed to manage the assets. Trusts can also be used to manage assets for young beneficiaries or for disabled beneficiaries who may not be able to effectively manage their own affairs.
When setting up the trust, the grantor creates the trust agreement, which details the terms of the trust and its purpose. The trust agreement names the trustee and the beneficiary and outlines the duties of the trustee. The grantor also sets forth the trusts powers and specifies what assets are to be placed into the trust.
The grantor is generally responsible for ensuring that the trust agreement is properly executed, funded and administered. The trust must adhere to any applicable state or federal laws and regulations. The grantor is also typically responsible for filing necessary state and federal tax forms and making sure that yearly income tax returns are filed.
In addition to money, most trusts can also include investments, retirement accounts, life insurance, real estate, and other items. It is important to note, however, that some types of property cannot be placed in a trust. This includes Social Security payments, public assistance benefits, and certain veterans benefits.
Trusts are an incredibly useful tool for estate planning. By setting up a trust, the grantor can ensure that his or her assets are used in the desired way and that his or her intentions are carried out according to the terms of the trust. Trusts can also help to protect family wealth, reduce taxes, and provide asset management for a loved one who is not financially savvy.