Developing your children's trust: you don't have to have a fortune to establish a family living trust.Your last name doesn't have to be Trump or Hilton to consider creating a trust for your offspring. A living trust Living trust A trust that an individual establishes during the individual's lifetime, enabling the person to control the assets contributed to the trust. Also known as an inter vivos trust., also known as a Revocable Living Trust or a Family Trust, is a viable financial planning tool for anyone--not just the rich and famous. A living trust is a legal document that holds title or ownership of property and assets on behalf of its beneficiaries. You appoint someone (a successor trustee) to make certain your estate goes to the ones you choose after your death. Almost anything can be placed in a trust: savings accounts, stocks, bonds, real estate, life insurance, and personal property. You can change a revocable living trust; you can't touch an irrevocable one. Benefits are numerous. A trust avoids the hassle of probate Probate The legal process in which a will is reviewed to determine whether it is valid and authentic. Probate also refers to the general administering of a deceased person's will or the estate of a deceased person without a will. The court appoints either an executor named in the will (or an administrator if there is no will) to administer the process of collecting the assets of the deceased person, paying any liabilities remaining on the person's estate and, prevents the courts from controlling your assets if you're incapacitated, and lets you control what you leave to your children and grandchildren. "Anyone who has a home, properties in multiple jurisdictions, minor children, disabled children, or irresponsible heirs should take advantage of a trust," says estate attorney Deborah B. Cole, a partner with the law firm Hoogendoorn & Talbot L.L.P. in Chicago. Even if you are a single parent with shared or sole custody, a trust can ensure that benefits earmarked for your child will go directly to him or her. This is especially the case in situations where there are multiple children from other relationships living in the same household or with remarried spouses, who have children from a previous marriage. "A trust also protects property brought into a marriage regardless of whether there is or isn't a prenup agreement," adds Cole. Many people are under the impression that their will alone is sufficient to avoid probate. Unfortunately, a will is simply an expression of your wishes and must go through some kind of court process. Before your estate can go to your children, probate court has to determine and settle your debts, establish clear title Clear title Title to ownership that is untainted by any claims on the property or disputed interests, and therefore available for sale. This is usually checked through a title search by a title company. to everything you own, and then distribute the estate according to your will or to the intestate Intestate The act of dying without a legal will. Determining the distribution of the deceased's assets then becomes the responsibility of a probate court.Notes: To have died "in intestacy" means a court-appointed executor will compile any assets of the deceased, pay any liabilities and distribute the assets to those parties deemed as beneficiaries. succession statutes in your state. Cole says another misunderstanding is that holding assets in joint tenancy will bypass probate. Joint tenancy joint tenancy n. a crucial relationship in the ownership of real property, which provides that each party owns an undivided interest in the entire parcel, with both having the right to use all of it and the right of survivorship, which means that upon the death of one joint tenant, the other has title to it all. is the method of putting your child's name on property or accounts. Then there's the privacy factor. Unlike a will, a trust is not filed with the court and does not become public record at your death. Establishing a trust forces you to clean house and to identify what you have and where it goes upon your death, says Cole. The first thing a lawyer will want to see is an inventory of all your assets. Lawyers can charge upward of $1,000 to draw up a trust. However, there are books and programs that can help you out. Among them: Quicken WillMaker & Estate Planning Plus 2007, Plan Your Estate by Denis Clifford and Cora Jordan (Nolo Press; $44.99), and Make Your Own Living Trust by Denis Clifford (Nolo Press; $39.99). Armed with these tools, you can create a valid Declaration of Trust declaration of trust n. the document signed by a trustor (settlor) creating a trust into which assets are placed, a trustee is appointed to manage the trust (who may be the party who created the trust), the powers and duties of management of the principal and profits of the trust are stated, and distribution of profits and principal is spelled out. (See: trust, trustee, trustor, settlor) yourself. |
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