Trusts

A trust is a legal arrangement in which one person (the grantor) transfers control over property or assets to another person (the trustee). The trustee administers the assets in the trust on behalf of a beneficiary of the grantor's choosing. The assets in the trust belong to the trust itself. A trust can be set up to go into effect when the grantor dies or while he/she is still living. Trusts are often exempt from going through the probate process. However, many types of trusts are still subject to estate taxes.

The funds and assets in a revocable trust are still partially under the control of the grantor since he/she can choose to change the terms at any time. Also, the grantor can set up the rules of the trust so that withdrawal of funds by the beneficiary is closely controlled. This can be done to ensure that the grantor's children or grandchildren do not deplete the fund with frivolous spending. The grantor gives up all ownership and control in an irrevocable trust. This may be considered the same as making a gift of the assets depending on the details of the paperwork. The trust or the benificiaries are then responsible for all taxes associated with income generated by the trust.

Fast Facts

  • A third party "Protector" for a trust can be designated to handle mediation between trustee and beneficiary in case of future disputes.
  • A grantor can be named the benificiary and trustee of his/her own revocable trust until death.

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  • Trusts & Estates: Trusts 101

    Although not as popular as creating a will, creating a trust as part of an overall estate planning strategy is...
    • By: Marisa Corvisiero
    • Site: estateplanninglawfirms.com
    • 4 of 7 user(s) found this useful
  • Implied Trusts

    An implied trust is one which is not expressly stated; rather, the implied trust arises because the court prov...
    • Site: estateplanninglawfirms.com
  • Asset Protection Trusts

    An asset protection trust is a contract between the person protecting his or her assets (grantor) and the pers...
    • Site: willsandtrustslawfirms.com
    • 1 of 1 user(s) found this useful
  • Wills & Trusts Overview

    Wills and Trust Attorneys, Lawyers and Law Firms help people create and revise:...
    • Site: willsandtrustslawfirms.com
  • Special Needs Trusts

    ADVANTAGE The primary advantage a special needs trust offers over a direct gift or inheritance is that, if arr...
    • Site: estateplanninglawfirms.com

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