Add Estate planning: leaving a legacy
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It's easy to think that all you need to do is draft a Will dividing your assets and trusting your beneficiaries to keep them in the family. If you're like many of our clients, you hope your assets and accumulated wealth will provide a lasting legacy to your family after you're gone. You have probably spent years building your assets and increasing the size of your estate or business. For example, conveyancing fees will be payable when transferring property into the trust in addition to the costs of setting up the trust. Our experienced team can help advise you on the best solutions to suit your family and financial circumstance
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In blended family situations, many parents want to provide for their children – and ensure that what they leave eventually passes to their grandchildren, not to their progeny’s future spouses, ex-spouses or unrelated heirs. Trust-Based Asset Protection Planning – The Bottom Line Although asset protection trusts must be irrevocable to safeguard the trust property, they still offer a great deal of flexibility and protection for your own property as well as property gifted to, or inherited by, your loved ones. Upon your death, your successor trustee can distribute the assets in the trust to your beneficiaries according to the terms in your trust document. If you’re concerned that your loved ones will be unable to manage an [wealth preservation strategies](https://camulivingtrust.com/) inheritance, you can name a trustee to provide professional investment management and administration. Assets held in a Lifetime Asset Protection Trust remain separate property and are far more insulated from divorce claims. Working with a state-licensed estate planning attorney can ensure you create a legally valid family trust.
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What are the pros and cons of asset protection trusts?
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Every asset, from cash to a property deed, must be put in the name of the trustee. The terms provide instruction about how the trustee should manage the trust. In addition to naming the trustee and beneficiaries, the trust agreement document should include the terms of the trust. Your trust agreement document names the beneficiaries and assigns a trustee to manage the trust. The assets that fund an irrevocable trust become the property of the trust, not the granto
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As your clients develop an estate plan, they will inevitably encounter tax consequences. Many clients will require sophisticated and highly customized guidance to navigate the rules of wealth transfer. This assessment can affirm the ability of clients and their partners to respond to emergencies or can reveal gaps in their preparedness that you can help them address. In the event of emergency, it serves as a quick-reference guide for clients' loved ones or other survivors. While the goal of each meeting is to facilitate collaborative discussion and come to a mutual understanding and consensus, each meeting should be shaped to the needs of your client’s family. Structured meetings can help you open a dialogue about important issues, strengthen family harmony and trust, and educate and prepare your client’s heirs for future responsibilities.
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Why a Financial Planner is a Key Player in the Estate Planning Proce
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The Heir Safeguard Trust is also used to provide bloodline protection. With the proper estate planning, let’s put those protections in place now. When asset transfers are made outright, as is common when someone only utilizes a Will in their estate planning, the assets transfer to the beneficiary with no restrictions or protections.
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Relief from financial waste
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The benefit is that, because the property is no longer yours, it’s unavailable to satisfy claims against you. We discussed tax planning, avoiding probate, and steps to provide for financial management if either or both spouses become incapacitated. Clients should consult their legal and/or tax advisors before making any financial decisions. Bank of America, Merrill, their affiliates, and advisors do not provide legal, tax, or accounting wealth preservation strategies advice. A trust could help with this by, say, allowing your second wife to benefit from trust income during her life, with the principal reverting to your children from your first marriage upon her death.
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It is important to work with an experienced trusts lawyer who can take a holistic view of your needs and ensure all legal requirements are met. When you die, the trust assets are passed to the beneficiaries according to the trust’s conditions. Unlike some other trusts, you can continue to use the assets prior to death, including living in the family home. Property, investments and other assets that are placed into the trust stop being part of your legal ownership, and that keeps them safe and out of reach from creditors and other claimants. Trusts for asset protection can protect your assets from creditors and other claims and are an effective way to ensure that wealth stays in the hands of those you intend.
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Working with an Advisor: A Coordinated Approach
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As with a Bypass Trust created after the first spouse’s death, distributions from a SLAT can be as broad or as limited as you choose. Again, these trusts can provide asset protection plus a reduction in overall estate taxes. This can provide asset protection plus a reduction in overall estate taxes. A Medicaid Planning Trust may qualify you or your spouse for Medicaid while preserving an income stream for the well spouse and protecting the trust assets from estate recovery after death.
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North Carolina Estate Planning Attorney Serving the Following Cities and Area
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