Maximize Your Wealth: The Benefits of Spousal Trusts in Estate Planning
Alan L. Rosen with over 48 years of providing insightful advocacy
If you pass away without a will, the state will typically determine the distribution of your assets based on lineage
What’s included in an estate plan?
1. Will or Trust
2. Durable power of attorney
3. Beneficiary designations
4. Letter of intent
5. Healthcare power of attorney
6. Guardianship designations
Trusts
Types Of Trusts To Consider
• Revocable – With a revocable trust, you retain control over assets replaced in the trust until your death. That means you can make changes to the trust as you see fit.
• Irrevocable – Irrevocable trusts cannot be changed during your lifetime. However, they offer tax benefits that can reduce the expenses your heirs might owe upon your death.
• Charitable – Charitable trusts allow you to distribute assets directly to a charity of your choosing upon your death. Like irrevocable trusts, charitable trusts also help your estate avoid expensive taxation.
• Special Needs – In the event you care for a person with special needs, this trust ensures they will still have access to financial support after you’re gone. This is especially important when a person receives disability benefits, which are usually dependent on income and assets.
• Spendthrift – Spendthrift trusts provide more control over the way assets are provided to heirs. For instance, they can prevent a person from spending all their inheritance in one fell swoop.
There are also living trusts, which spell out your wishes when it comes to medical care. These trusts are essential in the event you can no longer make important medical decisions on your own.
When To Add A Trust To Your Estate Plan
It’s true that not everyone needs a trust, but they’re extremely helpful in certain situations. For example, they’re a must for people with lots of assets and expansive estates. They also benefit people with blended families, as they allow greater control over how assets are distributed. Finally, a trust can help you bypass the probate process. Bypassing probate helps you save money and time, as assets can pass directly to heirs.Living Trusts
Transfer Of Ownership
Will creation doesn’t change the ownership of your assets and property. Instead, it provides instructions for how these items should be distributed to heirs after you die. With a living trust, you no longer own your assets. Upon creation they become property of the trust itself, which entails retitling assets to show trust ownership. While you’re alive you’ll be the trustee, which is the person responsible for managing the trust. You’ll also name successor trustees, and these people assume responsibility upon your passing. The transfer of ownership offers a distinct benefit when it comes to probate.How Living Trusts Help You Avoid Probate
Probate determines whether a will is valid, makes sure remaining debts are paid, and finally provides assets to heirs once all other matters are taken care of. The process is often drawn out, especially when a family member contests the will. Additionally, legal fees and other costs are taken directly from the estate, which reduces the amount heirs are afforded when everything is said and done. Assets placed in a trust are not probated because they are no longer owned by the deceased. Upon a person’s passing, the trustee is obligated to disperse assets according to the instructions of the grantor, or the person who created the trust. This makes for a much shorter process and also prevents the estate from being drained by legal fees.Other Benefits
• Delays inheritances until an heir is old enough
• Establishes terms for inheritances, such as mandating an heir maintain a certain grade point average in college
• Ensures children from a previous marriage receive their inheritances
• Keeps your decisions regarding your estate out of public view
• Makes sure your will be estate properly managed should you become incapacitated
Probate Services
Trust & Will Disputes
Attorney Alan L Rosen pursue and defend claims concerning the validity or meaning of will or trust documents.
Property Disputes
Attorney Alan L Rosen pursue and defend claims concerning the validity or meaning of will or trust documents.
Elder Financial Abuse
Attorney Alan L Rosen pursue and defend claims concerning the validity or meaning of will or trust documents.
Trust & Estate Administration
Attorney Alan L Rosen pursue and defend claims concerning the validity or meaning of will or trust documents.
Conservatorship
Attorney Alan L Rosen pursue and defend claims concerning the validity or meaning of will or trust documents.