"Building A Solid Foundation For Future Security" - Get Started Today!
"Building A Solid Foundation For Future Security" - Get Started Today!
There are several types of Trusts that can be created based on your needs.
Below, we have outlined the various trust systems that will ensure Probate Avoidance.
Types of Living Trusts
A Living Trust is officially known as an Inter-Vivos Revocable Trust. It is a revocable statutory
trust and in most cases it remains completely under the control of the individual/s who drafted it.
In the vast majority of cases the Trustors (the ones who formed the trust) are also the Trustees
(the ones who control the trust) and also the Beneficiaries (the ones who receive the benefit
from the trust). Wearing all three hats puts them in full control of the trust. They can do anything
they want with the trust, even terminate it at will. They control all their assets after they are
funded into the trust just as they did before they put them into the trust. Because the trust is
revocable it has no tax identity of its own. A tax identification number is not necessary until one
of the Trustors dies. A Living Trust
gives no liability protection for the assets that are in it and it has no special tax benefits other
than doubling the estate tax exemption for a married couple.
There are several different types of Living Trusts to consider.
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The “A” trust is another way of indicating that the trust is for a single person. This will be a single party trust and it is often used not only for unmarried people but is very effective as a pre-nuptial trust where the client wishes to identify and place their personal assets into trust
prior to being married. Assets placed into such a trust under those conditions would be considered sole and separate property and would not be subject to community property in states where
The AB Living Trust is used for couples that are legally married. This trust gives each spouse the opportunity to individually declare the heirs of the assets that they bring to the trust. It
usually uses the spouse as the default beneficiary at the first death of a spouse leaving
everything to the surviving spouse. It has another very important feature. In a day and age when people are marrying two and three times or more, it provides that each spouse can individually designate
This trust is usually used where two single people are living together as man and wife in a common law relationship or in cases where same gender individuals are living as partners. The distinguishing factor would be that they are in some fashion co-mingling their financial interests or assets (perhaps buying a home together) but are not living under the laws governing legal marriage. This is essentially two “A” trusts but with some differences to provide for the legalities of the situation.
We do a 5 page "Sub-Trust" as a Special Needs Provision to our regular Living Trust. This Special Needs provision must be ordered at the time the original trust is done. Asking for a Special Needs Provision to an existing trust at a later time does not qualify as a free change to
the Living Trust . Situations occur where a family may have a child with special needs. This could be permanent physical impairment or a mental or emotional impairment requiring a lifetime of care
from the parents. In thi
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