Q&A

What is a trust agreement in estate planning?

What is a trust agreement in estate planning?

A trust agreement is a document that spells out the rules that you want to be followed for property held in trust for your beneficiaries. Common objectives for trusts are to reduce the estate tax liability, protect property in your estate, and avoid probate.

What are estate planning purposes?

Estate Planning Allows You to Choose Your Beneficiaries Another purpose for estate planning is to ensure your assets pass to your appropriate beneficiaries. It may also mean your assets pass to someone you don’t want to receive any assets, or means your assets don’t pass to someone you do want to receive your assets.

What is the purpose of an inheritance trust?

With an Inheritance Trust, you can protect your child’s inheritance from his/her spouse in the event of divorce or your child’s death, while avoiding the radioactive Don’t share this with your spouse! conversation. You can protect your grandchildren and make sure your hard-earned assets don’t end up with in-laws.

Who are the trustees in an estate plan?

Those named as trustees are the ones who must discern what’s best in terms of property distribution for all things related to a beneficiary’s well-being, comfort, best interests, quality of life assurances and many others. Collectively, it becomes HEMS. It’s perhaps the most common standard used in setting up a trust.

Who is in charge of Probate for my father?

An attorney is in charge of the probate and waiting for all bills to come in before settling the estate. I cared for my father for the past two years without help from anyone else in my family.

How are assets dispersed in a family trust?

What also can be changed is how the assets are dispersed. For example, you could set up the family trust to disperse the assets at various ages of your surviving child. The could get 1/3 of the income at age 45. The other 1/3 at 55. And the final disbursement at age 65.

Is it easy to set up a family trust?

A family trust is a relatively easy document to prepare and account for, particularly with the help of an estate planning attorney. Transferring asset ownership to the trust is an easy task. The ability to amend and adjust the terms at any time makes it a very versatile vehicle.

Who is the trustee of my dad’s estate?

My dad left behind four adult children and his wife, our stepmother. He also — bless him — left behind what at the outset appears to be competently produced estate-planning documents: a will and a revocable trust. A bank is serving as the trustee, with a law firm representing the bank.

What happens to an elderly parent’s estate plan?

There are many steps children can take to ensure an elderly parent does not fall prey to financial elder abuse. In the scenario outlined above, the children could have encouraged their father to update his estate plan. For example, dad could have amended his trust to include a provision on how property placed in the trust will be treated.

What also can be changed is how the assets are dispersed. For example, you could set up the family trust to disperse the assets at various ages of your surviving child. The could get 1/3 of the income at age 45. The other 1/3 at 55. And the final disbursement at age 65.

What do you need to know about estate planning?

“Estate planning covers many areas,” explains Patti Spencer, an estate lawyer. “It includes wills and trusts, taxation, real estate, business law, valuation, and so on.” Many financial professionals have training in estate planning and can raise issues with you, make suggestions, or point out problems.