Tuesday, May 6, 2014

Information Regarding Asset Protection Trusts

By Tracie Knight


Trusts can be used whether you are considering managing your own assets or if you wish to gain control over how your assets will be handled on your death. You can make use of asset protection trusts to protect your professional and personal assets from creditors. It is a safe way to plan your goals regarding your wealth.

Trusts are regarded as legal entities which hold assets for the benefit of another entity. It contains three active parties. The trustor or grantor is the one who creates and funds the trust. The beneficiary is the one who will gain from it. The trustee administers it and is duty-bound to act in the best interests of the beneficiary.

A trust is created by the execution of a legal document known as a trust agreement. This agreement names the beneficiary and the trustee. It also contains instructions related to what the beneficiary will receive. It lists the trustee's duties and when the trust will end, among other considerations.

The trust may contain any type of asset, including bonds, real estate and stocks. Your reasons for implementing the entity will be the determining factor as to what is placed in it. For example, you may want an entity that is useful for the payment of taxes and other estate duties or for the financial provision of your family when you die. In these cases, it may be necessary to add real estate or a life insurance policy to the entity.

There are several reasons for the use of this type of entity. People use it to minimize taxes on their estate, to protect their assets from potential creditors and to preserve specific assets. It may be used to move certain assets to those who pay lower income taxes. You should consider asset protection if you want your assets to remain in your possession.

Asset protection is classified as an irrevocable trust for the protection of your assets from creditors. To establish it, you can transfer specific assets to the entity. Once transferred, the assets will afford protection from all future creditors.

You will have some form of control over the assets that are placed within the entity. As the trustor or grantor, the law allows you to direct the manner in which the assets are invested. You will be allowed to receive income from it and determine how distributions are provided to third parties.

To offer adequate protection for the assets placed, you may not be able to gain full control over the assets. This does not imply that all control will be lost over the benefits derived from the property which you have transferred.

Upon consultation with your attorney, you will have the choice of several types of trusts. A testamentary trust is one which is stated in your will. A living trust is one that you make use of during your lifetime. A revocable entity can be changed or cancelled and an irrevocable entity may not be changed or cancelled. The choice you make is dependent upon your current and future requirements.




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