
In my last post on estate planning, I discussed what a beneficiary was and what it does. This time I will continue with my series on personal finance in regard to another topic when it comes to future planning. We often hear the term trusts, trust funds, and maybe even the term “trust fund baby”; what exactly is a trust? Let’s explore what a trust is and what it does. I’m also going to be using more of the legal definition with some paraphrasing along with some links for certain terms for easier reading.
A trust, per the diction definition, is a fiduciary relationship in which one party, known as a trustor, gives another party, the trustee, the right to hold title to property or assets for the benefit of a third party, the beneficiary. Trusts are established to provide legal protection for the trustor’s assets, to make sure those assets are distributed according to the wishes of the trustor, and to save time, reduce paperwork and, in some cases, avoid or reduce inheritance or estate taxes.
Trusts are created by settlors (an individual along with their lawyer) who decide how to transfer parts or all of their assets to trustees. These trustees hold on to the assets for the beneficiaries of the trust. The rules of a trust depend on the terms on which it was built. In some areas, it is possible for older beneficiaries to become trustees. For example, in some jurisdictions, the grantor can be a lifetime beneficiary and a trustee at the same time.
A trust can be used to determine how a person’s money should be managed and distributed while that person is alive, or after their death. A trust helps avoid taxes and probate. It can protect assets from creditors, and it can dictate the terms of an inheritance for beneficiaries. The disadvantages of trusts are that they require time and money to create, and they cannot be easily revoked.
There are several different kinds of trusts: living trusts which distribute assets while a person is alive and transfer to beneficiaries upon death. Revocable trusts can be changed during the trustor during their lifetime. Irrevocable trusts are unable to be changed once set even if the trustor is still alive and after death. Depending on a person’s needs a trust can be set up however they wish. Trusts have many purposes: privacy for distribution of assets, estate planning, tax planning, and the list goes on.
And there you have it dear readers, a quick and simple explanation of what trusts are and different things they do. I hope this abridged walkthrough sheds more light on a complicated topic. Until the next time dear reader, excelsior!
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