"We want to make sure these trusts are as flexible as possible, because they’re intended to last a really long time," says Anderson. "To help preserve and build wealth in the trust, it is most appropriate to select assets that offer high potential appreciation and little or no transfer tax value today," says Anderson. A legacy trust can hold a wide variety of assets, from traditional investment portfolios to specialized assets such as real estate, family businesses, closely held business interests, and oil and gas interests. Here’s what to know about these trusts — and why a legacy trust might be worth considering. Legal arrangements that allow you to transfer assets to a trustee who manages them for the benefit of your beneficiaries. Estate and Business Planning Most people understand that the primary reason for an estate plan is to facilitate the transfer of wealth from parents to children. Many people are concerned about the legacy that they will leave, or the imprint they will make on the world after they pass away. Please call our office(s) to get learn how we are engaging with current clients and new at this time. However, in more and more cases, we have noticed that the financial structure is lacking for seniors and their families, especially when trying to pay for long-term care services. Cartersville, Georgia attorney Sharon McCoy focuses her estate planning checklist practice on families in need of estate planning and elder law services. The trust document further provides that on Christina’s death (whether it is before or after his own), the grandchildren become the beneficiaries of the trus
If you transfer all of your assets to a revocable living trust and give your trustee detailed instructions on how to handle your assets if you become disabled, there should be no need for a conservatorship. Joint tenancy ownership of specific assets, with the right of survivorship, can be a cost-effective way to avoid probate on the death of the first joint owner. With regard to real property, you can execute a transfer-on-death deed which allows the death beneficiary named on the deed to automatically assume ownership of the property upon your death, with no need for probate. A revocable living trust avoids the public process of probate, because you collect your assets and transfer them to the trustee before you di
Key similarities and differences between revocable and irrevocable trusts If you do not plan to serve as your own trustee, you should consider any fees you might want to pay the trustee and whether those fees would replace fees that you are already paying to manage your assets. This approach will not avoid probate, however, if the trust funding is not completed before you die, because the power of attorney dies with you. However, durable powers of attorney frequently give no direction to your attorney-in-fact regarding your plans for investments, money management or distribution. A durable power of attorney may briefly and generally describe the authority of your attorney-in- fact, or it may specifically itemize, in great detail, the actions that you authorize your attorney-in-fact to take on your behalf. This document appoints another person as your "attorney in fact" to handle your assets. In others, your trustee is authorized to rely on a letter from your physician as proof of your incapacity. What Is a Trust and When Do You Need One for Your Estate Pla
Common questions about trust funds As you can see from the above Living Trust checklist, the particular terms and provisions of your Living Trust will determine whether the Trust will provide value and protection for your loved ones, or expense and disappointment. These parties will often need to know that your successor Trustee has the power to take a certain action, and they will want to see the specific reference to such power in the trust document itself. So-called "Contest Clauses" can provide that an heir who tries to contest your Living Trust will forfeit his or her share. In some cases, a client might want to include trusts for aging parents or grandparents, special education trusts, etc. Many other planning opportunities are available to be incorporated into your Living Trust, including Special Needs Trust provisions for disabled children, and specially designed provisions for children with addiction or other behavioral problems. The trust wrapper protects the estate planning checklist beneficiary from his or her spouse in the event of a divorce, from creditors and lawsuits, and it can even protect the trust assets from being hit by estate taxes when the beneficiary dies. Does the Living Trust provide your beneficiaries with the most protection? For example, if you would like to provide for a loved one who is irresponsible with money (e.g., they have substance abuse problems), then leaving their inheritance in trust ensures that the money is spent for their benefit over time, rather than immediately squandered. If this is your primary concern, various provisions can be added to the trust to ensure that no beneficiary files a lawsuit regarding the trust (filing a lawsuit would make the terms of the trust part of the public record) and even to limit the information that beneficiaries are entitled to receive. If this trust is for your benefit, you want the document to provide guidelines regarding how much of the trust assets should be used to pay for care, since this will impact what your beneficiaries will receive," she says. If you name a friend or family member to serve in this crucial role, it’s important to consider next steps in case that person dies, becomes incapacitated or simply decides not to continue in the rol