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Trusts are legal documents where clients can designate beneficiaries to their assets and guardianship of minor children. Privacy is the primary reason clients select trusts rather than wills. Wills are handled publicly in probate court. The trust process involves several people. The grantor is the person who creates the trusts. The beneficiaries are the recipients of the assets. The trustee is the person that acts as an executor of the trust to ensure that the assets are divided appropriately. The trustee may be anyone that the client trusts to properly distribute the assets. A friend, family member or attorney may be a trustee.

Two types of trusts exist: revocable trusts and irrevocable trusts. Revocable trusts allow the grantor to change or revoke the trust over time. Irrevocable trusts cannot change once created. Some individuals establish trusts through instructions in a will after the deceased client passes. Others choose to establish trusts before death. The timing is dependent upon personal choice.

Clients with assets of any amount may establish a trust. Trusts may be used to fund education costs for offspring or grandchildren. Spouses may also be the beneficiaries of trusts. The trusts provide instructions to trustees of how to distribute the funds or assets described in the trust document. In addition to the amount, the trust may also designate the frequency and contingencies associated with releasing the funds.

Experts advise clients against transferring tax-deferred retirement accounts to a trust. The transfer will result in a taxable transaction and may incur penalties. Experts suggest a provision in the will to transfer the assets from retirement accounts into the trust upon death to avoid tax penalties. This type of will is sometimes referred to as a pour over will. Experts also recommend adding jewelry and other personal effects to a pour over will instead of a trust.

Just as there is a living will, there is also a living trust. The living trust is revocable and established while the client is still alive. If the client becomes disabled or incapacitated, a living trust is a means by which the individual will designate a person to handle the estate during this time.

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12y ago

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