Selecting the wrong trustee is easily the biggest blunder parents can make when setting up a trust fund. As estate planning attorneys, we've seen first-hand how this critical error undermines so many parents' good intentions.
Since assets held in a trust, fiduciary or custodial account do NOT become assets of the bank, none of the property is subjected to the claims of the bank's creditors. Therefore, a bank failure will have no adverse effect on such accounts and those assets will remain the property of the account owner(s).
A measure of protection.
Trusts can help ensure that your children, grandchildren, cherished friends or other loved ones receive their inheritance if you divorce or remarry. They also can help shield assets if you or your heirs are in professions that come with a high risk of litigation.
The leftover property is known as the trust “residue.” Trustees can discuss these assets with beneficiaries to determine which beneficiaries want them to be included as a part of their share of the trust estate.
Trusts offer amazing benefits, but they also come with potential downsides like loss of control, limited access to assets, costs, and recordkeeping difficulties.
It can be advantageous to put most or all of your bank accounts into your trust, especially if you want to streamline estate administration, maintain privacy, and ensure assets are distributed according to your wishes.
Contrary to popular belief, there are some cases where a trust can be subject to the claims of creditors. If the probate estate does not have enough assets to cover its debts, the creditors will petition the court and can then gain access to the funds in the trust.
There are a variety of assets that you cannot or should not place in a living trust. These include: Retirement accounts. Accounts such as a 401(k), IRA, 403(b) and certain qualified annuities should not be transferred into your living trust.
While some may hold millions of dollars, based on data from the Federal Reserve, the median size of a trust fund is around $285,000. That's certainly not “set for life” money, but it can play a large role in helping families of all means transfer and protect wealth.
Once dominant in a market, critics alleged, the trusts could artificially inflate prices, bully rivals, and bribe politicians.
If a Trust is lost, and the decedent has assets titled in the name of the Trust, the court will require that the heirs/Successor Trustees spend a significant amount of time and money searching for the Trust and documenting the search process.
Trust issues are characterized by fear of betrayal, abandonment, or manipulation. And this fear is often triggered as a result of betrayal (such as infidelity), abandonment (think: leaving a child or foregoing a relationship with them), or manipulation (for example, dishonesty or gaslighting).
Here are the cons:
A living trust is more complex and typically more costly to set up, and you must retitle your assets in the name of the trust, which is also time-consuming. It doesn't offer any estate tax benefits or special asset protection.
Bank Accounts Held in Trust
After your death, when the person you chose to be your successor trustee takes over, the funds will be transferred to the beneficiary you named in your trust document. No probate will be necessary. To transfer the account to your trust, tell the bank what you want to do.
There are also some potential drawbacks to setting up a trust in California that you should be aware of. These include: When you set up a trust, you will have to pay the cost of preparation, which can be higher than the cost of preparing a will. Also, a trust doesn't provide special asset or estate tax protection.
Many advisors and attorneys recommend a $100K minimum net worth for a living trust. However, there are other factors to consider depending on your personal situation. What is your age, marital status, and earning potential?
Certificates of deposit issued by banks and credit unions are also insured for up to $250,000, guaranteeing your deposit and any interest returns you earn. Money market accounts are worth considering as well. They're FDIC-insured and combine features of checking and savings accounts.
You can deposit up to $10,000 cash before reporting it to the IRS. Lump sum or incremental deposits of more than $10,000 must be reported. Banks must report cash deposits of more than $10,000. Banks may also choose to report suspicious transactions like frequent large cash deposits.
Millionaires don't worry about FDIC insurance. Their money is held in their name and not the name of the custodial private bank. Other millionaires have safe deposit boxes full of cash denominated in many different currencies.
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.
Once your home is in the trust, it's no longer considered part of your personal assets, thereby protecting it from being used to pay for nursing home care. However, this must be done in compliance with Medicaid's look-back period, typically 5 years before applying for Medicaid benefits.
After your death, when the trust becomes irrevocable, an accident involving a trust-owned vehicle can place the other trust assets at risk.