Regarding estate planning, Marchese & Maynard, LLP, attorneys in Manhasset, NY, know one of the most important documents you will ever create is trust. A trust allows you to designate someone else to manage your assets if something happens to you. There are many reasons you should have trust, and we will discuss some of the most important ones.
Avoid Probate And Keep Your Estate Private
A trust is a legal arrangement in which one person, known as the trustee, holds the property on behalf of another person, the beneficiary. Trusts can be used for various purposes, including avoiding probate and keeping your estate private. Probate is the legal process through which a person’s debts are paid, and their assets are distributed after death.
Marchese & Maynard, LLP Professionals warn that your assets will go through probate if you die without a will or trust. This means that your debts will be paid, and your assets will be distributed according to state law rather than according to your wishes. Probate can be time-consuming and expensive, so many people choose to avoid it by setting up a trust. Trusts can also be used to keep your estate private.
When you die, your will becomes a public record, meaning anyone can access it. However, trusts are not public records, so they can help to keep your estate private. Establishing trust is an excellent option to avoid probate and keep your estate confidential.
Manage Your Assets During Incapacity
Another reason to set up a trust is to manage your assets if you become incapacitated. If you become incapacitated, you will no longer be able to make decisions about your finances or health care.
If you have a trust in place, you can designate someone else, known as a trustee, to make these decisions for you. This can be a helpful way to ensure that your assets are managed according to your wishes, even if you cannot do so yourself.
Provide For Your Children’s Education And Future Needs
Marchese & Maynard, LLP attorneys know a trust can also be used to provide for your children’s education and future needs. You can use a trust to set aside money for your children’s education or future needs, such as buying a house or starting a business.
If you have young children, you can use a trust to provide for their care if something happens to you. You can also use a trust to designate someone else, such as a grandparent or relative, to take care of your children if something happens to you.
Reduce Or Eliminate Estate Taxes
Another benefit of trusts is that they can help to reduce or eliminate estate taxes. When you die, your estate may be subject to federal and state estate taxes. These taxes can consume a large portion of your assets, leaving less for your heirs.
However, if you set up a trust, you can designate how your assets will be distributed, which can help to reduce or eliminate estate taxes. This can be a helpful way to ensure that more of your assets go to your heirs rather than to the government.
Asset Protection Planning
Finally, trusts can also be a helpful tool in asset protection planning. Asset protection planning is taking steps to protect your assets from creditors and lawsuits.
If you have a trust, you can put certain assets into the trust, which can help to protect them from creditors and lawsuits. For example, if you own a business, you could put the business into trust. This would make it much more difficult for creditors to seize the company if you are sued or unable to pay your debts.
How To Set Up A Trust
There are many different types of trusts, but all have three components: a grantor, a trustee, and a beneficiary. The grantor is the person who creates the trust and transfers property into it. The trustee is the person who manages the trust property for the benefit of the beneficiary. The beneficiary is the person who receives the help of the trust, which can include income from the trust property, the use of the trust property, or the eventual ownership of the trust property.
Marchese & Maynard, LLP attorneys claim setting up a trust requires careful planning and execution. The first step is determining what type of trust best suits your needs. Next, you must choose a trustee and establish how the trusteeship will work. Finally, you will need to transfer ownership of your assets into the trust. Once all of these steps are completed, your trust will be operational.
Consulting with an experienced estate planning attorney is essential if you are considering setting up a trust. An attorney can help you determine what type of trust is right for you and assist you in setting up and funding your trust.
Trusts can be a helpful tool for estate planning, asset protection, and providing for your children’s future needs. Suppose you are considering setting up a trust. In that case, it is essential to consult with an experienced estate planning attorney to ensure that the trust is suitable for you and your family.