trust-creation

Should I Have a Trust in My Estate Plan?

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Should I have a trust in my estate plan? Kiplinger’s recent article entitled “Why Do I Need a Trust?” says that if having assets distributed outright to a beneficiary could cause potential issues, there are several reasons to think about creating a trust.

If you prefer to place specific conditions on the funds, you should have a trust. Many trusts state that distributions can only take place at future ages, like a third of the inheritance at age 30, half at 35 and the remainder at 40.

Trusts can be important with second marriages, if one spouse wants to leave their assets to their children rather than their stepchildren.

If your job has a high risk of liability, having assets passed down in trust (once the trust becomes irrevocable) may protect assets from being attached in a lawsuit. This can be very specific with respect to state law and the type of lawsuit, so talk to an experienced estate planning attorney before making any decisions.

For large estates that are expected to grow, creating trusts during your lifetime and gifting assets can remove the growth from your estate and lower future estate taxes. Remember that revocable (or living) trusts become irrevocable on your passing, so anything in the revocable trust will be out of the beneficiary’s estate.

If you have a number of beneficiaries in different proportions and want to specify who gets what, you may need to use a trust. If you want to leave one beneficiary a specific amount, it can also get complicated. Custodians will sometimes review and accept complex beneficiary requests. However, they usually have to be reviewed and modified by their legal department.

Trusts are important when minor children are involved. That is because you’re going to need a legal guardian for the child, who may also be in charge of the funds. Since minors can’t own assets outright, you must make sure the funds are protected. The trust should specify your intentions for the funds and the conditions, so the child (or the guardian) can’t be frivolous with the funds.

If your intention is to provide for grandchildren on your passing, or you don’t trust the parents to keep the inheritance funds for their children, a trust for the grandchildren (or future grandchildren) is an option, because if you leave assets outright to their parents there’s no guarantee the funds will trickle down.

Talk to an experienced estate planning attorney about your individual circumstances and your intentions, so they can direct you on how to protect your assets and your wishes.

To discuss whether you should have a trust in your estate plan, book a call with the Law Firm of Benjamin D. Eckman with offices in the Wayne, Union and Hackensack.

Reference: Kiplinger (August 12, 2022) “Why Do I Need a Trust?”

 

About Benjamin D. Eckman, Esq.

Benjamin D. Eckman, Esq., is a New Jersey attorney specializing in Elder Law and Estate Planning. With decades of experience, he helps seniors and their families address critical legal, financial, and healthcare needs, including drafting wills, trusts, special needs trusts, and powers of attorney. His practice focuses on asset protection, managing healthcare costs, and preserving eligibility for government benefits like Medicaid.

Mr. Eckman has lectured throughout New Jersey to senior groups, nursing facilities, and professional associations, and his articles have appeared in newspapers and journals. He holds a law degree from Seton Hall University School of Law and is a member of the New York State Bar Association, the New Jersey State Bar Association, a past member of the National Academy of Elder Law Attorneys, the Elder Law Section and Real Property, Probate and Trust Section of the New Jersey State Bar Association, the Union County Bar Association, Passaic County Bar Association and the Bergen County Bar Association.

For expert guidance on elder law and estate planning, schedule a consultation today by clicking HERE.

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