Why It Is Good Idea To Have An Asset Protection Trust
It is important to protect the assets you have accumulated over a long period of time so that you will not lose them if you file for bankruptcy or if you are sued among other things. One of the ways to protect your investments is setting up an asset protection trust. This is contract between a grantor and a trustee.
A trustee is the party that is entrusted the task of managing the assets of a grantor for the benefit of beneficiaries. The trust agreement requires grantors to transfer their assets to the trustees they choose. Trusts can either be irrevocable or revocable. They may be included in the will of a grantor to take effect when he or she passes on.
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.
You can ask your trustee to pay income tax and capital gains on the trusts for you. After your demise, any investments you have in irrevocable trusts will not be taxed because they will not be viewed to be part of your estate. You can name a trustee to be solely responsible for managing your investment portfolio or choose to work with him or her at times especially when a major decision has to be made.
You can also choose to fully authorize the trustee to act on your behalf. This can be a person you know such as a family member or friend. He or he can also be a professional such as an attorney or an accountant. You can also choose a person who has adequate experience in estate law, money management or taxation to act as your trustee.
Different types of trusts are meant to meet the different objectives and needs of investors. If your goal is to provide expert management of your affairs if you become incapacitated, you can opt for a living trust. This will allow you to maintain control of your estate and receive all benefits and income when you are alive. After you pass away, a designated successor trustee will distribute the remaining assets depending on the terms in the trust and avoid the probate that is associated with wills.
People who wish to have their grandchildren become beneficiaries of their estates can choose to set up a generation skipping asset protection trust. Trusts are beneficial because they help people protect their investments, define how their estates should be managed and reduce their tax obligations. Investors should hire a lawyer to help them choose trusts that will meet their needs.
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