TRUST AND OTHER NON-PROBATE ASSETS
A trust is, functionally speaking, an arrangement whereby a trustee manages property as a fiduciary for one or more beneficiaries. The origins of trusts can be traced back to the mid-13th century and trusts can be used for a multitude of reasons. As a fundamental principle, trusts can be created, funded, managed, and distributed privately. In many instances, there is absolutely no need for court involvement. At Green Law, we understand that trusts come in many types and flavors. We also understand that your goals may necessitate the use of one type of trust over another. After careful consultation, we will make sure that the right type of trust arrangement is created so that you achieve your goals, desires, and most importantly, peace of mind. Below are a sampling of the various types of trusts Green Law has created.
Asset Management Trust
An irrevocable trust designed to hold assets for a beneficiary with asset management problems.
A dynasty trust designed to permit any of your beneficiaries to have control over the assets left to them while keeping those assets protected against the claims of creditors, divorcing spouses, and future estate taxes.
Catastrophic Illness Trust
A trust designed to protect your estate from the cost of an illness or disability that may otherwise deplete your estate’s assets.
Charitable Remainder Trust
A trust that is especially ideal for handing highly appreciated assets, such as stock, real estate, or a family-owned business offering the use of such assets during the Trustor’s lifetime, then gifting assets upon the death of the Trustor to designated charities.
Designed to reduce the value of your taxable estate, and provide maximum gifting flexibility by allowing you to gift separately to each beneficiary, such as children or grandchildren. Each year you can designate whom you want as the beneficiary of each gift, as well as how and when the gift is to be used.
Insurance Preservation Trust/Irrevocable Life Insurance Trust
A trust designed to keep life insurance out of your taxable estate to avoid consumption by taxes and to provide a relatively low-cost way to pay federal estate taxes. If your life insurance plus your net worth exceeds or may exceed the federal estate tax exclusion, this trust may be used to avoid unnecessary and otherwise avoidable estate taxes on life insurance.
IRA/Qualified Plan Trust
Designed to protect your IRA/Qualified plan assets from estate taxes by maximizing the decedent spouse’s estate tax exemption and ensuring maximum income tax deferral. Also, may be used to manage distributions to your children and grandchildren and stretch out required minimum distributions.
A land trust is a document that allows your real estate assets to be held privately so your name does not appear on the title in the public records.
Revocable Living Trust
A trust designed to hold property and provide for property management while avoiding the probate process.