Living Trusts—Panacea or Pandora’s Box? - Semmes (2024)

FAQs

What kind of trust does Suze Orman recommend? ›

Suze Orman, the popular financial guru, goes so far as to say that “everyone” needs a revocable living trust.

Some of the Cons of a Revocable Trust

Shifting assets into a revocable trust won't save income or estate taxes. No asset protection. Although assets held in an irrevocable trust are generally beyond the reach of creditors, that's not true with a revocable trust.

A living trust allows you to name beneficiaries and appoint a trustee to manage and distribute trust assets after your death. In turn, it allows your family to avoid the intrusion of probate for property distributed by the trust and other matters related to your estate.

A revocable trust and living trust are separate terms that describe the same thing: a trust in which the terms can be changed at any time. An irrevocable trust describes a trust that cannot be modified after it is created without the beneficiaries' consent.

An irrevocable trust offers your assets the most protection from creditors and lawsuits. Assets in an irrevocable trust aren't considered personal property. This means they're not included when the IRS values your estate to determine if taxes are owed.

A dynasty trust is a great option for families that are seeking to transfer wealth from generation to generation. If you have a sizable estate and wish to transfer wealth without triggering certain estate-planning taxes, a dynasty trust could be a great option. As a reminder, dynasty trusts are irrevocable.

One major disadvantage is that they can be complicated and expensive to set up. Although the idea of avoiding probate costs is attractive, it's important to realize that trusts come with their own costs, including legal fees and compensation for the trustee, if needed.

The major disadvantages that are associated with trusts are their perceived irrevocability, the loss of control over assets that are put into trust and their costs. In fact trusts can be made revocable, but this generally has negative consequences in respect of tax, estate duty, asset protection and stamp duty.

Technically, assets inside a Trust are owned by the Trust itself. They are managed and controlled by the named Trustee, who owns the legal title to said assets. The Trustee will also act on behalf, and in the best interest of, the Trust's beneficiaries.

What are the pros and cons of a revocable living trust? ›

Revocable living trusts have a few key benefits, like avoiding probate, privacy protection and protection in the case of incapacitation. However, revocable living trusts can be expensive, don't have direct tax benefits, and don't protect against creditors.

A revocable trust provides a way to ensure the continued management and preservation of your assets, should you die or become incapacitated, and allows the avoidance of a probate court proceeding after your death.

The purpose of an irrevocable trust is to move the assets from the grantor's control and name to that of the beneficiary. This reduces the value of the grantor's estate in regard to estate taxes and protects the assets from creditors.

When it comes to protection of assets, an irrevocable trust is far better than a revocable trust. Again, the reason for this is that if the trust is revocable, an individual who created the trust retains complete control over all trust assets.

After the grantor of an irrevocable trust dies, the trust continues to exist until the successor trustee distributes all the assets. The successor trustee is also responsible for managing the assets left to a minor, with the assets going into the child's sub-trust.

Irrevocable Trust

If you don't pay next year's tax bill, the IRS can't usually go after the assets in your trust unless it proves you're pulling some sort of tax scam. If your trust earns any income, it has to pay income taxes. If it doesn't pay, the IRS might be able to lien the trust assets.

Credit Shelter Trusts

The biggest benefit to a credit shelter trust is that as money grows, it's never subject to estate tax. A credit-shelter trust offers a way for you to pass on your estate and lower estate taxes.

Charitable remainder trusts (CRTs) are often used for highly appreciated assets, because they help divert capital gains taxes as well as estate taxes. They may be a good choice for real estate, stocks, mutual funds or other assets that have been in a portfolio for some time.

Here's a good rule of thumb: If you have a net worth of at least $100,000 and have a substantial amount of assets in real estate, or have very specific instructions on how and when you want your estate to be distributed among your heirs after you die, then a trust could be for you.

To reduce income taxes and to shelter assets from estate and transfer taxes. To provide a vehicle for charitable giving. To avoid court-mandated probate and preserve privacy. To protect assets held in trust from beneficiaries' creditors.

What type of bank account is best for a trust? ›

A Trust checking account makes it easy for your Trustees to pay off debts and distribute inheritances without draining other assets or relying on outside funds. It also makes it easy to track the money going out and its Beneficiaries.

Retirement accounts like an IRA, Roth IRA, 401K, 403b, 457 and the like don't belong in your trust. Placing any of these assets in your trust would mean that you're taking them out of your name to retitle them in the name of your trust. The impact this will have on your taxes can be disastrous.

The better question – “Should you put your checking account into the trust anyway?” The answer to this question is “yes.” Although you can avoid probate by having less than $150,000 of assets outside of your trust, it is easier and faster for the successor trustee to have access to your checking account upon your death ...

There are several benefits of creating a trust. The chief advantage is to avoid probate. Placing your important assets in a trust can offer you the peace of mind of knowing assets will be passed on to the beneficiary you designate, under the conditions you choose and without first undergoing a drawn-out legal process.

Disadvantages of a Family Trust

You must prepare and submit legal documents, which the court charges a fee to process. The second financial disadvantage of a family trust is the lack of tax benefits, especially when it comes to filing income taxes. When the grantor dies, the trust must file a federal tax return.

What are the pros and cons of wills and trusts? Wills are easier to create, less expensive, and more flexible, but they need to go through probate and become public records. On the other hand, trusts are more complicated and expensive to set up, but they don't require probate and offer privacy and asset management.

Don't take principal or capital gains from trust assets. Don't transfer IRA's or 401(k)'s to the trust. Don't allow beneficiaries to return to the trust or the Grantor any gifts made from trust assets. Don't make additional transfers to the trust in the future without advising the law firm.

A good Trustee should be someone who is honest and trustworthy, because they will have a lot of power under your trust document. The person you choose to act as a Trustee should also be financially responsible, because they will be handling the investments for the benefit of your beneficiaries.

Controlling Persons of a trust, means the settlor(s), the trustee(s), the protector(s) (if any), the beneficiary(ies) or class(es) of beneficiaries, and any other natural person(s) exercising ultimate effective control over the trust (including through a chain of control or ownership).

What is the most protective trust? ›

An asset protection trust (APT) is a trust vehicle that holds an individual's assets with the purpose of shielding them from creditors. Asset protection trusts offer the strongest protection you can find from creditors, lawsuits, or any judgments against your estate.

If you are well under the estate tax exemption amount then having a revocable trust to hold life insurance purposes its one of the best tools you can have as it provides the most flexibility and you will not have to pay estate tax in the first place.

A revocable trust turns into an irrevocable trust when the grantor of the trust dies. Typically, the grantor is also the trustee and the first beneficiary of the trust. Once the grantor dies, the terms written into a revocable trust cannot be modified in any way, nor can anyone add or remove assets.

Trusts are a great way to reduce, and in some cases eliminate, hefty Estate taxes. Essentially, by transferring assets into Trusts you can reduce your overall taxable Estate. Though there are various types of Trusts to choose from, they almost all take tax planning into account.

The trustee is in charge and as a beneficiary you have no control. This is a common misconception. The trustee is administering the trust on your behalf.

A living trust is a legal document that, just like a will, contains your instructions for what you want to happen to your assets when you die. But, unlike a will, a living trust can avoid probate at death, control all of your assets, and prevent the court from controlling your assets if you become incapacitated.

2023 Ordinary Income Trust Tax Rates

Below is a breakdown of these rates and brackets: $0 – $2,900: 10% $2,901 – $10,550: 24% $10,551 – $14,450: 35%

A third-party member called a trustee is responsible for managing and overseeing an irrevocable trust.

With an irrevocable trust, the transfer of assets is permanent. So once the trust is created and assets are transferred, they generally can't be taken out again. You can still act as the trustee but you'd be limited to withdrawing money only on an as-needed basis to cover necessary expenses.

What is the greatest advantage of an irrevocable trust? ›

An Irrevocable Trust means you can protect yourself, your loved ones and your estate against future legal action. It also means you can protect the financial future of your estate by avoiding substantial estate taxes.

Instead, in most cases, an irrevocable trust can only be dissolved by court order. The details of dissolving an irrevocable trust differ widely between states and jurisdictions. However, typically you will need to get approval from the trust's beneficiaries and potentially its trustees as well.

Irrevocable trust distributions can vary from being completely tax free to being taxable at the highest marginal tax rates, and in some cases, can be even higher.

A beneficiary cannot be removed from an irrevocable trust by the trustee, but a beneficiary can exit the trust if approved by the other beneficiaries. Beneficiaries can file to remove a trustee if they feel like they are breaching their fiduciary duty. You can be both the trustee and the beneficiary at the same time.

Suze Oman is an ardent proponent of living trusts, claiming that it eliminates extremely high lawyers' and executors' fees for property that goes through probate and that probate can take years, while a revocable trust can transfer property outside of probate much more quickly and with few costs.

An Irrevocable Trust is a Trust that cannot be modified, amended, or terminated without permission from the beneficiary or beneficiaries. Irrevocable Trusts typically are best for protecting assets, reducing estate taxes, and accessing government benefits.

One of the primary disadvantages to using a trust is the cost necessary to establish it. It's generally more expensive to prepare a living trust than a will. You must create new deeds and other documents to transfer ownership of your assets into the trust after you form it.

Do I Need a Living Trust? While there's not a one-size-fits-all answer, the vast majority of people can get by without using a living trust. Dave Ramsey says, “A simple will is perfect for 95% of the population.” In other words, unless you have a really big estate, a simple will works just fine.

With an irrevocable trust, as soon as the grantor transfers the assets into the trust, they remove all their rights of ownership to the trust and those assets. They can't make any decisions about how the assets should be managed, or if they should be sold.

The major disadvantages that are associated with trusts are their perceived irrevocability, the loss of control over assets that are put into trust and their costs. In fact trusts can be made revocable, but this generally has negative consequences in respect of tax, estate duty, asset protection and stamp duty.

Which bank is best for trust? ›

How to hide your assets is as simple as the repositioning your assets through an irrevocable trust with a true independent trustee. The key to the transfer is the exchange of equal value in return for the asset, or the receipt of a fair market value for the asset transferred.

Simple trust is one of three general types of trust that must meet three requirements set by the IRS: all the income must be distributed to the beneficiaries yearly, the trust fund must not payout any of its corpus (better known as principal), and cannot make charitable contributions.