8 Things You Need to Know About Trusts

When it comes to estate planning, one of the most important decisions you can make is putting your property into a trust. There are many reasons why this might be a wise decision for you and your loved ones, as it can offer many benefits that are not available through other methods.

Keep reading to discover the key reasons why you might want to consider putting your property into a trust:

1. Safeguard for the Inheritance

When you put your property into a trust, you create a legal entity to hold and manage your assets. This can be helpful in several ways. For example, if you have young children, putting your property into a trust can help to ensure that they will inherit it after you pass away. If you are worried about your children spending all your hard-earned money, a trust can also help protect your assets by requiring them to be used for specific purposes (such as education or retirement).

If someone in your family is interested in selling trust property, they must first get the trustee’s permission. This can help to prevent selling off assets for less than their worth or selling them without the knowledge of other family members.

2. Creating a Trust

There are a lot of different types of trusts, and the process of creating one can be complicated. Talking to an experienced estate planning attorney before you create a trust is very important.

An attorney can help you decide what type of trust is right for you and ensure that it is correctly created. If a trust is not created properly, it could be challenged in court and may not be enforced.

Some people have even had their trusts declared invalid because they did not follow the proper procedures when creating them. So, hiring a professional is a wise move.

3. Avoid Probate

Another big advantage of putting your property into a trust is that it can help you avoid probate. Probate is the legal process through which your assets are distributed after you die, and it can be both time-consuming and expensive. By putting your property into a trust, you can bypass probate altogether.

Keep in mind, however, that not all trusts get to avoid probate. For a trust to avoid probate, it must meet specific requirements set forth by state law.

4. Manage Your Property While You’re Alive

You can also use a trust to manage your property while alive. For example, if you become incapacitated, the trustee can take over the management of your assets. This can help to ensure that your bills are paid on time, and your property is well-maintained, even if you are unable to do so yourself.

A trust can also be used to manage assets for someone not yet old enough to do so. For example, if you have a grandchild who is going to college, you can put money into a trust for them to use for tuition and other related expenses.

5. Flexibility

A trust also offers more flexibility than other estate planning methods. For example, you can specify exactly how and when your assets will be distributed after you die. You can also name a trustee (someone who will manage the trust) and give them specific instructions on how to do so.

Also, flexibility can be built into the trust itself. For example, you can create a “revocable” trust, which means that you can change the terms of the trust at any time. Or you can create an “irrevocable” trust, which means that nobody can change the terms of the trust once it is created.

6. Benefits of a Revocable Trust

The main benefit of a revocable trust is that it can be changed at any time. This means you can change who will inherit your assets, how they will inherit them, and when.

For example, let’s say you put your house into a trust. But then you get divorced and remarried. If you have a revocable trust, you can simply change the beneficiary from your ex-spouse to your new spouse. This is really important because if you die without changing the beneficiary, your ex-spouse would still inherit your house—even though you’re no longer married!

7. Benefits of an Irrevocable Trust

An irrevocable trust is a bit more complicated, but it offers certain benefits that may be appealing, depending on your situation.

One of the most significant benefits of an irrevocable trust is that it can help you avoid estate taxes. When you die, your estate (everything you own) is subject to estate taxes.

The federal government imposes a tax on estates that are worth more than $12.06 million (or even more for couples). The rate depends and can be anywhere from 18% to 40%.

An irrevocable trust can help you avoid this tax because it allows you to remove your assets from your estate. When you die, your estate will be worth less than $12.06 million and will not be subject to estate taxes.

An irrevocable trust can also help you protect your assets from creditors. For example, let’s say that you have a lot of debt. If you put your assets into an irrevocable trust, your creditors cannot take them to pay off your debts.

However, remember that an irrevocable trust is just that: irrevocable. Once you create an irrevocable trust, you cannot change the terms of the trust. So, be sure you want to do this before creating an irrevocable trust.

8. Talk to Your Family

Before doing anything, it’s important to talk to your family about your wishes. This is especially important if you have young children or grandchildren. They need to know what you want and why you’re doing it.

If you have minor children, you will also need to appoint a guardian—someone who will take care of them if something happens to you. This is an important decision, so be sure to talk to your family and choose someone you trust.

It would help if you also talked to your family about your financial situation. They need to know your assets and how they will be distributed after you die. This will help them make informed decisions about their own financial future.

Wrapping Up

The bottom line is that a trust can be a great way to manage your assets and plan for your family’s future. However, it’s also important to understand the different types of trusts and get professional help before you create one.

Good luck!