If you've been hearing that you should get a trust, or you've been wondering what the heck they are...let's dive in to it. Awhile back, I had a client, let's call him Joe. Joe was a hard-working guy who had spent his life not just earning his wealth, but managing it well. When Joe finally decided it was time to think about wealth transfer, he was surrounded by numerous friends and family saying, "Joe, you need a trust!"Being a wise man, Joe decided to reach out and discuss it with me. I asked him why he felt he needed a trust, and he wasn't sure. It’s just what he had been told. The first thing I pointed out to him was what I'm sharing with you folks today. A trust, as it's a legal entity, could introduce numerous complications if not structured and managed properly.Sure, using a trust, Joe could dictate how his wealth was managed and distributed after he was gone, but did he really need it? After a deep dive, it turned out that his financial goals and estate planning needs could be met with much simpler tools. In the end, Joe was grateful for the discussion, and I was relieved we could prevent the unnecessary complications a trust could've introduced.
What is a Trust
Now, a trust, in simple terms, is like a safe box where you place your assets. This box can be customized according to your wishes and instructed to operate under certain rules, which you would've set. It can be tied to you whilst you're alive or can operate independently, like a corporation. This sounds appealing to many, as it provides an opportunity for them to control the fate of their assets even after they passed.However, much like our friend Joe, folks end up overlooking the fact that a trust is essentially a legal entity. As such it's subject to a plethora of rules, regulations, and potential legal obligations. And contrary to what some might believe, there are no trust police are not going to swoop in and help if things go awry.You see, a trust is not like having your own personal bodyguard or a government agency that's keeping tabs on your financial affairs. It's simply a legal entity that operates under a set of rules outlined in a trust document.Think of it as giving someone a power of attorney, but instead of granting them authority over your personal matters, you're granting them authority over the trust. The trustee, who is appointed in the trust document, is the one who carries out the instructions you've outlined. They're responsible for managing the trust assets and distributing them according to your wishes.But here's the catch, folks: just because you have a trust doesn't mean everything magically falls into place. The trustee still needs to understand the rules and responsibilities that come with being in charge of the trust. It's not a task to be taken lightly.So remember, when you set up a trust, it's not a guarantee of smooth sailing. It's important to select the right trustee and ensure they have the knowledge and expertise to handle the job proficiently. Otherwise, the trust could end up being nothing more than stacks of paper gathering dust instead of a useful tool for accomplishing your financial goals.
The Different Kinds of Trust
Let’s break this down some more, folks. You see, setting up a trust is a lot like deciding on a new suit. There are lots of styles and materials to choose from, but what's most important is finding the right fit for you. Now, there are various kinds of trusts, each with its own unique purpose and set of guidelines.
Revocable Trusts
Starting off with what we call a revocable trust. Think of this type as your trial run into trusts. You can put assets into the trust, and if you decide it's not for you, you can take those assets back out. It's like trying on the suit before you pay for it. This trust doesn't need to file a separate tax return and it can open accounts in its name, much like you creating your own company.Now, you may be wondering, "Leibel, why go through this rigamarole?" Well folks, just like hav