MANY PEOPLE ASSUME THAT TRUSTS are only for the very wealthy. That's not the case. “Trusts are tools that give you very specific control over how your wealth is used and protected, no matter how much money you have,” says Kevin Hindman, Wealth Strategies Executive with Bank of America Private Bank.
There isn't a clear cut rule on how much money you need to set up a trust, but if you have $100,000 or more and own real estate, you might benefit from a trust.
From a tax perspective trust assets are generally classified as either “principal” or “income.” Generally, the assets the trust owns represent its principal (e.g., stocks, bonds, or real estate) and what those assets earn or produce represent its income (e.g., dividends, interest, or rent).
The wealthy often use trusts to safeguard their money and minimize their tax burden. While trusts can be created by anyone, many people in the middle class are unaware of the advantages they offer. As a result, they miss out on financial benefits and asset protection.
The major disadvantages that are associated with trusts are their perceived irrevocability, the loss of control over assets that are put into trust and their costs. In fact trusts can be made revocable, but this generally has negative consequences in respect of tax, estate duty, asset protection and stamp duty.
Your Assets Might Not Be Protected: Another crucial point to note is that not all trusts offer protection from creditors. For instance, in revocable trusts, the assets are not protected from creditors as the grantor retains control of the assets. Potential Tax Burdens: Finally, trusts can carry potential tax burdens.
So, if the assets you have inside the trust fund grow (for example, investments that grow over time or earn interest), then yes. A trust account can be as simple as a bank account where the money is owned by a trust rather than an individual. Like other bank accounts, some trust accounts can also earn interest.
Trust funds are managed by the trustee who must act for the benefit of the grantor and beneficiary. Trust funds can take many forms and can be established under different stipulations. They offer certain tax benefits as well as financial protections and support for those involved.
Assets held in trust aren't subject to probate court like wills are. They're also more likely to be set up with the help of an estate attorney, which can give them more legal validity. Trusts are also effective once signed and funded, and if they're revocable, can be updated throughout your lifetime.
Funds received from a trust are subject to different taxation than funds from ordinary investment accounts. Trust beneficiaries must pay taxes on income and other distributions from a trust. Trust beneficiaries don't have to pay taxes on returned principal from the trust's assets.
Inheriting a trust comes with certain tax implications. The rules can be complex, but generally speaking, only the earnings of a trust are taxed, not the principal. A financial advisor can help you minimize inheritance tax by creating an estate plan for you and your family.
This threshold gradually rises every year to account for inflation over time. As of 2023, your estate is required to pay the federal estate tax if the value of your taxable estate exceeds $12.92 million and increases to $13,610,000 for 2024.
Selecting an individual trustee
Choosing a friend or family member to administer your trust has one definite benefit: That person is likely to have immediate appreciation of your financial philosophies and wishes. They'll know you and your beneficiaries.
To make sure your Beneficiaries can easily access your accounts and receive their inheritance, protect your assets by putting them in a Trust. A Trust-Based Estate Plan is the most secure way to make your last wishes known while protecting your assets and loved ones.
Flexibility and control: Trusts provide more flexibility and control than wills. A will declares who you want to receive specific assets, and you have limited control over when the beneficiary receives them due to the probate process.
The trust itself must report income to the IRS and pay capital gains taxes on earnings. It must distribute income earned on trust assets to beneficiaries annually. If you receive assets from a simple trust, it is considered taxable income and you must report it as such and pay the appropriate taxes.
All of it is under the control of a dependable individual or entity (the trustee). The grantor determines what happens to the trust's assets and how they're to be distributed. The trustee carries out these directives. Again, this means you can't just withdraw from a trust fund.
Revocable Trusts
Commonly referred to as living trusts, revocable trusts offer an effective estate-planning tool to lower the costs and hassles of probate, preserving privacy and preparing your estate for ease of transition in the event of death or incapacity.
A living trust can help you manage and pass on a variety of assets. However, there are a few asset types that generally shouldn't go in a living trust, including retirement accounts, health savings accounts, life insurance policies, UTMA or UGMA accounts and vehicles.
Trusts can be established to provide legal protection for the trustor's assets to ensure they are distributed according to their wishes. Additionally, trusts can save time, reduce paperwork, and sometimes reduce inheritance or estate taxes. Trusts can also be used as a closed-end fund built as a public limited company.
Revocable living trusts have a few key benefits, like avoiding probate, privacy protection and protection in the case of incapacitation. However, revocable living trusts can be expensive, don't have direct tax benefits, and don't protect against creditors.
Loss of control. If you create an irrevocable trust, you typically cannot change the terms of the trust or change the beneficiaries. (If you create a revocable trust, you usually can change the terms of the trust and change the beneficiaries while you're alive.) Other assets may still be subject to probate.
You cannot put a 401(k) in a living trust or other tax-deferred plans, for that matter. Why? If you change the ownership structure of your 401(k), the IRS will regard it as an early withdrawal. Unfortunately, that money will be fully taxable in the year that that transfer takes place.