One of the biggest mistakes parents make when setting up a trust fund is choosing the wrong trustee to oversee and manage the trust. This crucial decision can open the door to potential theft, mismanagement of assets, and family conflict that derails your child's financial future.
The primary advantage of setting up a family trust is to ensure your immediate family members get the financial resources they need after you die. Family trusts do an outstanding job of protecting assets such as your home, automobiles, and liquid financial instruments.
Trusts offer amazing benefits, but they also come with potential downsides like loss of control, limited access to assets, costs, and recordkeeping difficulties.
With a trust, there is no automatic judicial review. While this speeds up the process for beneficiaries, it also increases the risk of mismanagement. Trustees may not always act in the best interests of beneficiaries, and without court oversight, beneficiaries must take legal action if they suspect wrongdoing.
Once dominant in a market, critics alleged, the trusts could artificially inflate prices, bully rivals, and bribe politicians.
Parents and other family members who want to pass on assets during their lifetimes may be tempted to gift the assets. Although setting up an irrevocable trust lacks the simplicity of giving a gift, it may be a better way to preserve assets for the future.
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.
A family trust ensures that your assets are managed according to your wishes on behalf of your beneficiaries. So let's say you have $5 million in assets and you want to divide it between your children. You can use a family trust to specify when they can access their share of your assets and under what terms.
Consider a living trust if you: Want to avoid probate: Living trusts allow assets to be distributed directly to beneficiaries without going through the probate process, which can be time-consuming and costly. Value privacy: Trusts are private documents, whereas wills become public records when they go through probate.
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.
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.
A Trust is preferred over a Will because it is quick. Example: When your parents were to pass away, If they have a trust, all the Trustee needs to do is review the terms of the Trust. It will give you instructions on how they distribute the assets that are in the Trust. Then they can make the distribution.
There is no minimum
You can create a trust with any amount of assets, as long as they have some value and can be transferred to the trust. However, just because you can doesn't necessarily mean you should. Trusts can be complicated.
In California a minor cannot legally hold title to real property. You have to be at least 18 years old to hold title in Ca. You should look at putting the property title in the name of a trust . Then upon the minors 18 birthday , the successor trustee could become the now adult .
There is no Ideal Time to Consider a Living Trust
Unfortunately, there is no real answer to the “right time” to create a living trust because it is not solely based on your age. Instead, wealthier people with expensive assets, regardless of age, should consider one of these documents.
To avoid probate, you must retitle your probate assets in the name of the trust. Some assets you shouldn't put in your trust include qualified retirement accounts, health savings and medical savings accounts, and financial accounts you actively use to pay bills.
For example, Gargiulo and Ertug (2006) identify what they call the 'dark side' of trust as occurring when the trustor strays beyond a critical threshold of confidence such that her trust in another becomes inappropriate and ill-judged.
Parents often make the mistake of choosing a trustee based solely on personal relationships without considering their financial acumen, integrity, and willingness to serve. Choosing one of the children is not always the best choice as other beneficiaries may see their role with suspicion.
A living trust can distribute assets to anyone who is named as a beneficiary when the grantor dies. Living trust beneficiaries can include family, friends, charities, alma maters, pets and others. By contrast, family trusts are designed to benefit only the family members of the grantor.
A trust is prohibited from being created for an illegal purpose or one that is contrary to public policy. A common impermissible purpose is a trust created to defraud creditors. In this type of scheme, a settlor will transfer property to a trust for the purpose of hiding it from creditors.
One of the benefits of a trust is that assets placed in a trust can avoid going through state probate courts and therefore avoid one level of "estate taxes" assessed as probate fees. Another benefit of using trusts can be to avoid estate taxes by making use of the annual gift tax exemption (currently $14,000 per year).
Advantages of family trusts
The advantages of using trusts continue to revolve around asset planning, protection and flexibility. These include: Creditor protection:Assets held in a family trust are typically protected from personal creditor claims against beneficiaries.