Why You Need a Trust Lawyer: What You Can (and Can’t) Place Inside a Trust

In today’s legal landscape, a growing number of individuals are looking into the benefits of establishing trusts to protect and manage their assets. While the fundamental principle of a trust is straightforward, the specific details can be intricate. To navigate these complexities, the guidance of a trust lawyer or an estate planning lawyer is invaluable. But before you start, it’s vital to understand what you can and can’t put in a trust.

What You CAN Put in a Trust:

• Real Estate: Whether it’s your primary residence, a vacation home, or an investment property, real estate is commonly placed in trusts. Transferring real estate into a trust can help you avoid probate, reduce estate taxes, and manage how the property is used after your death.

• Bank Accounts: You can transfer the ownership of your checking, savings, and CDs into a trust. This move ensures the seamless transfer of assets upon the grantor’s death and can save heirs from a lengthy probate process.

• Investments: Stocks, bonds, mutual funds, and other types of investments can be moved into a trust. Just like with bank accounts, doing this simplifies the inheritance process and can offer tax advantages.

• Business Interests: If you own part or all of a business, you can place that interest into a trust. This is particularly useful for ensuring the business continues to operate smoothly after your departure.

• Life Insurance Policies: By transferring ownership of a life insurance policy to an irrevocable trust, you can ensure that the death benefit isn’t included in your estate, potentially saving on estate taxes.

• Intellectual Property: Rights to copyrights, patents, trademarks, etc., can be placed in a trust, ensuring they’re managed or passed on according to your wishes.

What You CAN’T Put in a Trust:

• Retirement Accounts: Individual Retirement Accounts (IRAs), 401(k)s, and other retirement accounts can’t be transferred directly into a trust. However, you can designate the trust as a beneficiary. Consult with an estate planning lawyer to navigate the tax implications.

• Motor Vehicles: While technically possible, placing motor vehicles in a trust can be cumbersome due to the frequent title changes that occur with buying and selling cars. If you wish to include a particularly valuable or sentimental vehicle, speak with a trust lawyer about the best approach.

• Health Savings Accounts (HSAs) and Medical Savings Accounts (MSAs): These accounts are intended for individual use, and hence, transferring them into a trust can be tricky. It’s recommended to assign a beneficiary instead.

• Certain types of personal property: Items with more sentimental value than monetary worth (like family photos) might be better suited for a will rather than a trust.

Understanding the Different Types of Trusts and Their Benefits

While we’ve already touched upon what can and can’t be put into a trust, it’s equally crucial to understand the different types of trusts and why one might be preferable over another. A trust lawyer or estate planning lawyer will usually guide you through these options, but here’s a primer:

• Revocable Living Trust: This is one of the most popular types of trusts. The primary advantage is that assets within the trust avoid probate, speeding up asset distribution after death. Additionally, the grantor can modify or terminate the trust during their lifetime.

• Irrevocable Trust: Once created, this type of trust cannot be altered without the permission of the beneficiary. It offers strong asset protection from creditors and can reduce estate taxes.

• Charitable Trust: For those looking to leave a legacy or reduce taxable estate and income, a charitable trust can be established. Assets are placed in the trust to benefit a particular charity or cause.

• Special Needs Trust: Designed for beneficiaries who are disabled or mentally ill, this trust ensures the beneficiary doesn’t lose governmental benefits they might be receiving.

• Generation-Skipping Trust: As the name suggests, this trust is for grandchildren or later generations. It’s an estate tax measure, ensuring wealth is preserved for future generations.

• Qualified Terminable Interest Property (QTIP) Trust: Ideal for those with children from a previous marriage. This trust provides income for the surviving spouse and, after their death, transfers assets to other beneficiaries.

• Life Insurance Trust: A trust specifically designed to own your life insurance policy, keeping the death benefit out of your taxable estate.

Why Opt for a Trust Over a Will?

While wills are a well-known estate planning tool, trusts offer unique benefits that make them a preferred choice for many:

1. Avoiding Probate: One of the most significant advantages of a trust is bypassing the probate process. This can save time and legal expenses.

2. Privacy: Unlike a will, which becomes a public document once probated, a trust remains private.

3. Control Over Asset Distribution: With a trust, you can specify terms on asset distribution, such as releasing funds when a child reaches a certain age.

4. Protection Against Legal Claims: Certain trusts can protect your assets against creditors or legal judgments.

In light of these nuances, and given the diverse range of trusts available, individuals should be diligent in seeking the advice of a trust lawyer or estate planning lawyer. Their expertise ensures that the trust structure chosen aligns perfectly with the individual’s financial landscape and personal wishes.

Why Consult with a Trust Lawyer or Estate Planning Lawyer?

The intricacies of what can and can’t be put into a trust highlight the importance of professional guidance. A seasoned estate planning lawyer will offer guidance tailored to your unique situation, ensuring that:

• Assets are properly transferred: They’ll oversee the correct documentation and registration of assets, ensuring nothing is overlooked.

• Tax implications are considered: Trusts offer various tax advantages, but they’re not universal. Lawyers will guide you in optimizing tax benefits.

• Your wishes are respected: Estate planning is deeply personal. By working with a professional, you ensure your assets are managed or distributed according to your specific desires.

In conclusion, while there’s a broad range of assets you can include in a trust, it’s not a one-size-fits-all solution. It’s essential to tailor your trust to your unique needs, financial situation, and long-term goals. With the guidance of a trust lawyer or estate planning lawyer, you’ll be better positioned to make informed decisions, safeguarding your legacy and providing peace of mind to your loved ones.

Clare Louise