|Despite the preconceived notions that trusts are only for millionaires, trusts are actually equally valuable and necessary to almost everyone.
What is a trust? A trust is just an arrangement where one party holds property on behalf of another party. In an estate planning context, trusts are created by the person doing the estate planning (the settlor), who authorizes another person (the trustee) to manage the assets for the benefit of a third party (the beneficiaries). There are many reasons for establishing trusts, such as minimizing taxes or providing for the needs of underage beneficiaries.
Some types of trusts that may be useful in estate planning are:
- Trusts for Minors. Many people leave money to their children or their grandchildren in a trust as part of a comprehensive estate plan. This is usually done to ensure that there is money aside to support the minors through their childhood (education, medical expenses, etc.) Once the minor reaches a certain age or education level, the money in the trust can be used as pleased.
- Special Needs Trusts. Special needs trusts are tools that enable a person to leave property to an individual with special needs. Many individuals with special needs receive government benefits. If they were to suddenly inherit money, they would be disqualified in most cases from those benefits until the inheritance was spent. Special needs trusts protect those individuals’ government benefits while allowing them to have money for any extras they may need.
- Marital Trusts. Married couples sometimes include trusts in their wills, or separately, for the benefit of their spouse, typically for two reasons: (1) taxes, and (2) property protection. In previous years, marital trusts were needed for some couples to take advantage of estate tax exemptions, and they may be needed in the future as the laws are expected to change. Marital trusts can also protect property from a spouse to ensure that it ultimately goes where it needs to go. For example, a husband with grown children from a previous marriage may decide to let his wife use his property after he passes, but puts it into a trust so that after she passes away it goes to his children.
- Revocable Living Trusts. Revocable living trusts are documents completely separate from wills although they often work hand in hand with wills to carry out the decedent’s wishes. Revocable living trusts are primarily used to avoid probate in states where probate is particularly cumbersome, or in a few other instances, such as when a person owns real estate in multiple states.
- Irrevocable Life Insurance Trusts. Irrevocable life insurance trusts can be used in order to move a person’s life insurance proceeds outside his or her estate for estate tax purposes.
- Spendthrift Trusts. Spendthrift trusts are generally established to protect the beneficiaries’ assets from both themselves and creditors. These trusts usually have an independent trustee which has complete discretion over the distribution of assets of the trust.
As you can see, there are many different types of trusts, each of which can be customized to serve a valuable purpose in accomplishing the wishes of those making gifts or planning an estate. An experienced estate planning attorney can help you assess your finances and goals to determine the best vehicles to preserve your wealth and your legacy.