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What are intervivos trusts? They may be the answer for people looking to protect their wealth.


You have accumulated substantial wealth during your lifetime. You've opened bank accounts and signed insurance policies. And finally, thinking ahead, you've drawn up a will specifying how your assets should be distributed among your loved ones upon your death.

Your last will and testament need not be a bone of contention a subject of contention or dispute.

See also: Bone
. You can preserve your wealth for your heirs and protect it from taxation, creditors and unnecessary legal contests by opting for intervivos, or living trusts. They can also help your heirs avoid paying large sums of money in estate taxes.

Sandra Jones Anderson, a Los Angeles attorney who specializes in estate planning Estate Planning

The overall planning of a person's wealth, including the preparation of a will and the planning of taxes after the individual's death.

Notes:
Contrary to popular belief, estate planning involves much more than preparing a will, and it is not only for the
 and probate, says intervivos trusts are control mechanisms for transferring assets, allowing you to avoid probate costs and ensure your intentions. "The controls can be imposed on the surviving spouse and children," she says. "You can designate a family partnership and have that as part of the trust."

These living trusts are also legal arrangements that transfer assets--from real estate to jewels to cash--from one person to another for the benefit of a third. "The person who opens the trust is the donor; the person on behalf of whom the trust is established is the beneficiary," says Nahum Daniels, founder of Daniels Capital Strategies in New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
. Daniels says the donor or settlor One who establishes a trust—a right of property, real or personal—held and administered by a trustee for the benefit of another.


settlor n.
 should select trustees carefully. "The trustee--a bank or a friend--has the legal and moral responsibility to manage the trust assets exclusively for the beneficiary." He advises working closely with an attorney, a certified financial planner Certified Financial Planner (CFP)

A person who has passed examinations accredited by the Certified Financial Planner Board of Standards, showing that the person is able to manage a client's banking, estate, insurance, investment, and tax affairs.
 or an accountant who understands the Internal Revenue Code The Internal Revenue Code is the body of law that codifies all federal tax laws, including income, estate, gift, excise, alcohol, tobacco, and employment taxes. These laws constitute title 26 of the U.S. Code (26 U.S.C.A. § 1 et seq. .

There are two types of intervivos trusts: revocable rev·o·ca·ble   also re·vok·a·ble
adj.
That can be revoked: a revocable order; a revocable vote.

Adj. 1.
 living and irrevocable. According to Anderson, a revocable living trust can save fees in the probate process. In addition, revocable living trusts offer easy distribution of assets in the case of owner disability or incompetence. If a donor suffers from, say, Alzheimer's disease Alzheimer's disease (ăls`hī'mərz, ôls–), degenerative disease of nerve cells in the cerebral cortex that leads to atrophy of the brain and senile dementia.  and can no longer sign his or her name, the named beneficiary will receive assets automatically.

An irrevocable trust Irrevocable Trust

A trust that, once its setup, cannot be changed at all.

Notes:
This is to prevent fraudulent activities.
See also: Exemption Trust, Trust, Unit Trust



Irrevocable trust

A trust that is unable to be amended, altered, or revoked.
 has all the features of a revocable trust and can reduce transfer taxes in large estates that are more than $1.2 million for a married couple. Daniels recommends a life insurance trust for tax planning purposes as a type of irrevocable trust. He says that if a life insurance trust is set up properly, proceeds of a taxable estate can be delivered income- and estate-tax free.

But Anderson says to beware of irrevocable trusts. "The advantage of irrevocable trusts is that creditors can't get to the money," she says. "But the disadvantage is that the terms can't be altered, and most people change their minds during their lifetime." Even revocable intervivos trusts can be a headache. Some people who set up living revocable trusts never put anything into them because transferring titles can be paper intensive and complicated.

Overall, intervivos trusts provide continuity of asset management as well as tax leverage. But the particulars differ according to each family and individual. Daniels notes, "Trusts always vary from case to case, reflecting the individual needs of the donor and beneficiary."

Anderson hastens to add that there are expenses associated with handling an intervivos trust, especially after the donor dies. "A lot of people don't realize that, she says.
COPYRIGHT 1995 Earl G. Graves Publishing Co., Inc.
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1995, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Article Details
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Author:Waithaka, Njeru
Publication:Black Enterprise
Date:Dec 1, 1995
Words:538
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