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Is The Will Enough to Protect Assets?

 

Many people think having a Will is enough to protect their assets, but a Will is best used as a last resort rather than your primary plan. 

It’s important to protect your assets for your legacy – and it’s equally important to make sure that your loved ones aren’t subjected to the long and complicated administrative procedures of the court. That’s why it’s never enough to just have a Will – you should also have a trust and powers of attorney documents. As always, we recommend that you look for a local estate planning attorney and start your planning sooner rather than later.

A trust is a powerful tool in estate planning that offers several benefits and plays a crucial role in managing and distributing assets. Here are some key reasons why trusts are important in estate planning:

 

  • Probate avoidance: One of the primary advantages of a trust is that it allows assets to bypass the probate process. Probate is the legal procedure through which a court validates a will, settles debts, and distributes assets. It can be time-consuming, expensive, and subject to public records. By placing assets in a trust, they can pass directly to beneficiaries without going through probate, saving time and costs and maintaining privacy.
  • Asset management: A trust enables you to have control over how your assets are managed and distributed. You can establish specific instructions for the trustee to follow in managing the assets held in the trust. This is particularly useful if you have complex financial situations, minor beneficiaries, or beneficiaries with special needs who require long-term care or assistance.
  • Minimizing estate taxes: Trusts can help reduce estate taxes and preserve wealth for future generations. Certain types of trusts, such as irrevocable life insurance trusts (ILITs) and generation-skipping trusts (GSTs), can provide tax advantages by removing assets from your taxable estate or “skipping” a generation of estate taxes.
  • Protecting assets: Trusts can shield assets from various threats, such as creditors, lawsuits, or divorce. By placing assets in certain types of trusts, such as spendthrift trusts or asset protection trusts, you can ensure that the assets are safeguarded and not easily accessible to potential claimants.
  • Specialized planning: Trusts offer flexibility and can be tailored to meet specific planning goals. For instance, a charitable trust allows you to donate assets to a charitable organization while still receiving certain benefits during your lifetime. Similarly, a special needs trust can provide for the financial well-being of a loved one with disabilities without jeopardizing their eligibility for government benefits.
  • Smooth succession: Trusts facilitate a smooth transition of assets upon your incapacity or death. If you become unable to manage your affairs, a successor trustee named in the trust document can step in and manage the trust assets on your behalf, ensuring the continuity of financial affairs. Upon your death, the trust can provide clear instructions on how your assets should be distributed, minimizing confusion and potential disputes among beneficiaries.

It’s important to note that the specific benefits and importance of trusts in estate planning may vary depending on the jurisdiction and individual circumstances.

Working with an experienced estate planning attorney can help you determine the most suitable trust options and strategies to achieve your goals.