Choosing A Will Over An Asset Protection Trust

By Nora Jennings


When you are wealthy, there are people who will want some piece of the pie even when they do not deserve it. Therefore it is vital if you consider securing your property. Asset protection trust is a way of protecting your assets from creditors and competitors against lawsuits threats. It is also a written agreement where your property is transferred to a trust company.

So what exactly is this asset protection. This is whereby an individual safeguards his or her property discretely against creditors. It is also a way of ensuring that your beneficiaries will have something after you are gone, it is somehow like a will . It is therefore difficult for a creditor to get hold of the debtors property and settling matters on a friendly basis with them will be most favorable.

This trust has requirement which are quite complex such as it has a spendthrift clause, yes can you imagine, and being irrevocable. Okay so let us all understand this one by being irrevocable means that you cannot change any thing once you have signed in, while spendthrift means that you can spend as much money as you want anyhow.We are now on the know.

A trustee also has an advantage of avoiding divorce, bankruptcy or even taxation once their property is under a trust company. Divorce in the sense that the other spouse cannot get anything ones the trustee dies because it is a requirement that the two spouses must have been married, tough luck if they wanted to go separate ways. A disadvantage though is that children who are minors cannot get anything if the trustee dies.

A person may decide to write a will or distribute their wealth in a trust but this depends on the person. Just like in a will the owner can change anything and name beneficiaries whom will enjoy his wealth upon his/her death.

In order to keep creditors from tampering with your property you will have to apply your debts to a trust. In this way the only thing that the creditors can do is negotiate with you in favorable term for you to pay them. This is not such a bad thing at the end of the day you both get to win.

Many countries though do not have this kind of protection but an outsider can put their properties in countries that have if they want to. They will get the same benefits as the natives in that country. Therefore, there is no need to worry. Even not all U. S states have established them, but it is mostly important for those who are willing to fund it as long as they are in it. They also get an income from them but as said earlier have a limited control over their assets.

Your family will not be able to go to court to contest your wishes like in wills. They do not need to pay a lawyer for this as it will be waste of time, the trust has every thing covered and your wishes are final, they are irrevocable. So it is up to you to decide how you want your property to end up once you are gone. Though a trust is good it is costly but know first what the disadvantages are before you make up your mind.




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