The Benefits Of Using An Asset Protection Trust To Protect Your Estate

By Marissa Velazquez


The assets that a person has worked hard to accumulate can get lost if he or she is sued or files for bankruptcy among other things. It is therefore essential for investors to do their best to protect them. They can do so by using an asset protection trust. This fiduciary agreement is made by a trustee and a grantor.

The grantor is the party that wants to protect assets while the trustee is the party that agrees to manage them and distribute them to all beneficiaries when that time comes. The trust agreement states that a grantor should transfer his or her assets to a trustee. A trust can either be revocable or irrevocable. It can be listed in the will of a grantor and becomes active after he or she dies.

People who want to protect their estates through trusts should ensure that the trusts have independent trustees, spendthrift clauses and allow distributions to take place at the discretion of trustees. Since a revocable trust can be changed at any particular time, the government considers the investments in it to be included in the taxable estate of grantors. For this reason, a grantor may pay taxes on the estate that he or she leaves behind after death.

If you have established revocable trusts, you may have to pay income taxes on the gains generated from the assets held in them. In general, a revocable trust will change into an irrevocable trust after you die or become incapacitated. If you opt for irrevocable trusts, the assets that you place in them will be permanently transferred to the trusts.

The trustees can pay capital gains and income taxes on the trusts on your behalf. After your death, the assets in such trusts will not be considered to be part of your estate and they will therefore not be subject to estate taxes. As a grantor, you will name a trustee to manage your investment portfolio. In some cases, you can work with the trustee when making major decisions.

Grantors can also choose to assign full authority to the trustees to act on their behalf. They can choose individuals such as their relatives and friends or professionals like accountants or lawyers to be their trustees. Grantors can also choose entities that are experienced in money management, taxation or estate law to be their trustees.

There are different trusts that investors can choose from depending on their on their needs and objectives. Investors can choose to set up a living trust if their goal is to offer expert management for their affairs if they become mentally or physically disabled. Living trusts allow investors to maintain control of their estates and receive all income and benefits when they are alive. After they die, the successor trustee they select will distribute their remaining investments depending on the terms and conditions of the trust. In this way, their beneficiaries are able to avoid going through the probate process associated with wills.

If your wish is to leave your properties to your grandchildren, generation skipping trusts can be a great choice. With an asset protection trust, you can be sure that your investments will be safe, your tax obligations reduced and your estate management procedures defined. With the assistance of an attorney, you can be able to select the best trust for your needs.




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