Trusts for Dummies A trust is a legally binding document that enables an individual or organization to oversee and hold your finances and assets for your own benefit or for the benefit of others. It serves multiple functions, including estate planning, tax planning, medical planning, and charitable giving.
A trust is a fiduciary1 relationship in which one party (the Grantor) gives a second party2 (the Trustee) the right to hold title to property or assets for the benefit of a third party (the Beneficiary). The trustee, in turn, explains the terms and conditions of the trust to the beneficiary.
A trust—created by an individual called the grantor—spells out how assets can be used during a grantor's lifetime and how those assets should pass to the grantor's beneficiaries when they die.
It is a fiduciary relationship between two parties. One of the parties, the trustor, grants the other party, a trustee, the right of a specific asset or property for the welfare of a third party, i.e. the beneficiary. Trusts provide legal protection to the assets of the trustor.
The primary purpose of a trust is to allow one party to hold property for the benefit of another party. A trust is a legal arrangement where a trustee manages assets on behalf of the beneficiaries of the trust.
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.
A will is the simpler option for estate planning, but it needs to go through probate after you pass away, which can take time. Assets in a trust don't need to go through probate and can be distributed according to the trust's terms more quickly, explains Williams.
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.
The grantor can opt to have the beneficiaries receive trust property directly without any restrictions. The trustee can write the beneficiary a check, give them cash, and transfer real estate by drawing up a new deed or selling the house and giving them the proceeds.
A trust can be an extremely useful estate planning tool if you have a net worth of $100K or more, have substantial real estate assets, or are planning for end-of-life.
Less than 2 percent of the U.S. population receives a trust fund, usually as a means of inheriting large sums of money from wealthy parents, according to the Survey of Consumer Finances. The median amount is about $285,000 (the average was $4,062,918) — enough to make a major, lasting impact.
While there's no minimum amount needed to open a trust fund, the benefits should clearly outweigh the costs. That's why trusts are often associated with wealthy individuals, although people with a range of net worths could still use them in many situations.
If you are wondering do trust funds gain interest, the answer is “yes, it is possible.” However, they must hold assets that produce income. A trust fund is a type of account that holds a variety of assets for your beneficiaries. Some assets, like a savings account, produce interest, while others do not.
If you trust someone then you believe that they're honest and reliable. If you loan your car to someone, you had better trust them to bring it back to you, and in good shape. Trust takes many forms. You could trust in something abstract, like the idea that things happen for a reason.
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.
With an irrevocable trust, the transfer of assets is permanent. So once the trust is created and assets are transferred, they generally can't be taken out again. You can still act as the trustee but you'd be limited to withdrawing money only on an as-needed basis to cover necessary expenses.
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.
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.
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.
This rule generally prohibits the IRS from levying any assets that you placed into an irrevocable trust because you have relinquished control of them. It is critical to your financial health that you consider the tax and legal obligations associated with trusts before committing your assets to a trust.
According to SmartAsset, the wealthiest households commonly use intentionally defective grantor trusts (IDGT) to reduce or eliminate estate, income and gift tax liability when passing on high-yielding assets like real estate to their heirs.
Using a trust entails legal expenses and the cost of transferring property titles to the trust. There also are expenses for ongoing asset management and legal compliance. In the event of both a will and a trust, generally a trust will take precedence over a will.
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.
If a client is concerned about incapacity or wants their assets to transfer to beneficiaries in a particular manner, a trust is a useful tool to make that happen.