Protect Your Assets With a Trust

Protect Your Assets With a Trust

Your estate consists of everything you own: your home, other real estate, your car, checking and savings accounts, investments, life insurance, furniture, and other personal possessions. Creating an Estate Plan can help reduce the tax burden on an estate by facilitating a tax-efficient wealth transfer to beneficiaries. This can provide a structured way to pass on wealth to future generations while minimizing the risk of dilution through estate taxes along with offering protection in the event of divorce by keeping assets separate from marital property.

Using trusts can offer various opportunities for individuals looking to protect and grow their assets. Trusts are legal arrangements that allow a trustee to hold and manage assets on behalf of beneficiaries. They can be structured to hold a diversified portfolio of assets, spreading risk and potentially enhancing returns. Assets held in trusts may avoid the probate process, providing a level of privacy and avoiding public disclosure of the estate’s details.

Here are some strategies that might be a good fit for you:

Revocable Trusts:

  • A Revocable Trust allows you to maintain ownership and control of your assets as long as you are still alive and equipped to make decisions.
  • The grantor may receive income from the trust, and changes can be made to the terms of the trust as well as allowing the grantor to add and remove assets from the trust at will.
  • You can avoid the the lengthy probate process in its entirety which is the legal process in which a will is reviewed to determine whether it is valid and authentic.
  • This can enable income splitting among family members, potentially reducing overall tax liabilities.

Irrevocable Trusts:

  • Irrevocable Trusts are primarily set up for estate and tax purposes to shield assets from creditors, protecting the wealth for the benefit of the trust’s beneficiaries.
  • When you put assets into an Irrevocable Trust, they are effectively no longer your property, which removes them from your taxable estate and may relieve you of tax liability associated with those assets.
  • This strategy is often used to transfer assets to the next generation, such as large sums of money, life insurance policies, residences or investment properties in a more tax efficient manner.

Charitable Giving:

  • Charitable Remainder Trusts (CRTs) allow individuals to donate assets to a charitable trust while retaining an income stream for themselves or their beneficiaries during their lifetime.
  • Charitable Lead Trusts (CLTs) are structured as an Irrevocable Trust which is designed to provide financial support to one or more charities for a specific period of time. The remaining assets eventually go to family members or other designated beneficiaries.
  • There are two overall types of CLTs that affect its tax treatment—Grantor Trusts and Non-Grantor Trusts.
  • All of these options provide distinct advantages and can minimize or even eliminate transfer taxes.

Special Needs Planning:

  • Special Needs Trusts (SNTs) are designed to provide for individuals with disabilities without jeopardizing their eligibility for government benefits.

Business Succession:

  • Family Limited Partnerships (FLPs) and Family Limited Liability Companies (LLCs) structures can be used within trusts to facilitate the smooth transfer of family businesses from one generation to the next.

Life Insurance Planning:

  • Irrevocable Life Insurance Trusts (ILITs) can be used to exclude life insurance proceeds from the taxable estate, providing liquidity for estate taxes.

It’s important to note that the effectiveness of these strategies can depend on various factors, including your financial goals, the specific laws in your jurisdiction, and your unique circumstances. Consulting with legal and financial professionals experienced in estate planning and wealth management is crucial to ensure that trusts are set up and managed appropriately for your specific needs and objectives. Reach out today so we can discuss your options.