A trust is simply defined as an arrangement under which property owned by one person (the “settlor”) is managed and controlled for the benefit of another (the “beneficiary”).
The trustee, who holds legal title to the trust assets, has a fiduciary responsibility to manage and protect those assets in accordance with the wishes of the settlor
An estate trust is a common type of trust that provides benefits to a surviving spouse or other loved one after the death of the person who set up the trust.
An estate trust (also known as a “testamentary trust” or “marital deduction trust”) is a type of irrevocable trust that is created by a will. It is normally set up to manage the deceased person’s assets and distribute them accordingly. They can help you navigate this complicated process and make sure your interests remain protected along the way.
Estate trusts are often established in a last will and testament. They can also be set up by an individual while they’re still alive, in which case it would be known as a “living trust.”
The purpose of an estate trust is to provide both asset protection and flexibility for receiving assets.
For example, only certain types of trusts qualify for an unlimited marital deduction on federal tax returns. Thus, if someone sets up such an estate trust before they die, their surviving spouse could potentially benefit from these deductions to receive more money than what was originally stated in the will or trust.
Benefits Of An Estate Trust
Some of the benefits of an estate trust are:
- You maintain control over the property held in the trust
- Assets can pass on to beneficiaries without going through probate
- It protects family assets from creditors and lawsuits
- Estate taxes may be reduced by the amount placed in trust
- No court proceedings are required
- Trustee fees are usually more reasonable than appointing a personal representative (local county or state officials charged with winding up a decedent’s affairs)
- They can provide privacy and confidentiality for you and your beneficiary
- Reduction of disputes since the assets usually go just to the surviving spouse
An estate trust can also provide benefits in other ways too, such as reimbursing the surviving spouse for taxes that they paid on their late spouse’s estate.
In addition to federal tax benefits, this kind of trust could be useful when it comes to avoiding probate fees and taxes when transferring assets from one person’s name to another during a difficult time.
With an estate trust, you can reduce or eliminate the risk of misplacing items or forgetting important tasks. This is because everything has already been outlined in detail before the death of the individual.
How Can I Create an Estate Trust?
An estate trust is a legal entity formed for the benefit of the grantor’s family. The trustee must be either an individual or a corporation that can act on behalf of your beneficiary.
The trust requires at least one trustee. The beneficiary of an estate trust is typically the surviving spouse, but there can be other individuals who are to inherit property from the donor (“grantor”) after they die.
The steps involved in forming an estate plan with trusts include:
- Choose a trustee(s). This can be an individual or a corporate trustee.
- Set up the trust document. This document will state the specifics of the trust, including who the beneficiaries are and what property is being transferred into the trust.
- Fund the trust with assets. The trust must have money or other assets to operate – either from the grantor or from other sources.
- Name successors in case something happens to the original trustees. If something happens to the trustees named in the trust document, it’s important to have successors designated who can continue to manage and distribute assets according to the wishes of the grantor.
- Keep track of transactions and report to beneficiaries. This requires accurate records of all transactions, income and expenses so the beneficiaries can see how their assets are being managed.
- Sign the estate trust. An estate trust needs to be signed by the appropriate parties according to the laws of the state with jurisdiction over the estate trust.
How Does An Estate Trust Operate?
An estate trust can help reduce estate taxes. The property held in a trust is not considered part of your estate for estate tax purposes. This can be especially helpful if you own a lot of assets and want to leave as much of your estate as possible to your beneficiaries.
Estate trusts can help you avoid probate. Probate is the legal process by which your will is proved valid and the assets in your estate are distributed according to your wishes. When you die, any property that is held in a trust does not have to go through probate. This can save your loved ones time and money after you die.
Estate trusts can help manage your affairs during a period of incapacity. If you become incapacitated, someone you trust can make decisions for you through the trust agreement. Without a trust, your family might have to go to court and ask a judge to appoint a guardian in order to make important decisions about your medical care and personal needs.
Protection from creditors. Estate.trusts can prevent creditors from seizing or wasting trust assets during a financial crisis or bankruptcy filing by an individual or business that owes money to another party. When used properly, trusts are considered separate legal entities with their own “breathing room” from creditors under certain circumstances.
Asset protection. Estate trusts provide asset protection from potential lawsuits against you personally, the trustee of the estate “inside” the trust, and other beneficiaries of the trust. This protection can be especially important if you are involved in a high-risk business or occupation.
How Can I Terminate an Estate Trust?
There may be times when you want to terminate an estate trust. This can be done in a few different ways, depending on the situation and state law.
The beneficiary of the trust could agree to terminate it, or you could petition the court to do so if it was formed based on illegal activity. An estate trust cannot be created from fraud, deceit, coercion, or threats of harm.
If you’re thinking about terminating an estate trust, it’s a good idea to consult with an attorney first. They can help you navigate the complicated legal process and make sure your best interests are protected.
Do I Need a Lawyer to Help With My Estate Trust?
Creating an estate trust can be a complicated process. It’s possible for people without any legal experience to draft their own estate trust documents, but they will need to understand all of the applicable state laws when doing so.
It’s always wise to consult with an estate attorney before drafting your estate trust.
An estate-planning attorney can help ensure that you have protected yourself adequately while also making sure that your loved ones will be provided for.
They can also provide you with information on whether a trust is right for your situation and which type of trust will best accomplish your goals.
