Wednesday, April 30, 2014

What Are Asset Protection Trusts?

By Tracie Knight


Trusts are ideal if you want to gain control over the management of your assets when you die, or if you wish to manage your own assets in a particular fashion. Asset protection trusts are suitable if you want to protect your personal and professional assets from potential creditors. This is an effective method of planning your wealth goals.

A trust is considered to be a legal entity that holds an asset which will benefit another. Trusts are made up of three parties. The trustor is the person who funds and creates the trust. The beneficiary is the person who will benefit from the trust. The trustee is the person who administers the trust and is bound by a duty to act in the beneficiary's best interest.

This type of entity is formed by the raising of a legal document, called an agreement. The agreement stipulates the names of the trustee and the beneficiaries. Instructions stipulating what the beneficiaries will receive are included in the document. The list of trustee duties, the date it will end and all other stipulations are included in the document.

This entity can contain any asset, such as stocks, bonds, real estate. What you choose to put into the entity will be dependent on your goals for starting the deed. An example is if you want to form an entity that will be used for the payment of estate duties and taxes, or to provide financially for your family upon your death, you may choose to fund the trust with an insurance policy or real estate.

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.

This type of entity is an irrevocable unit which will offer protection of your assets from creditors. To establish it, you have the right to transfer a range of assets to it. As soon as all the assets have been transferred, it gains protection from future debt collectors.

You will retain a level of control over all the assets you place in the entity. As the grantor, you are allowed by law to direct the way in which all assets are invested. You are able to gain income from it and can determine the distribution to third parties.

You may not gain total control over every asset in the trust. However, it does not suggest that you will lose ultimate control 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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