Aug 25, 2016 · Zimmer Law Firm can help. You can join us for a free seminar to learn all about the trust creation process and to find out how trusts fit within your comprehensive estate plan. You can also contact us at 513.721.1513 for personalized advice and assistance creating a trust which will accomplish your goals for the future.
Jul 29, 2010 · If playback doesn't begin shortly, try restarting your device. ... ...
A trust attorney provides assistance with everything that you need to know about trust creation. A trust attorney:
It is vitally important to talk to a trust attorney because you cannot afford to make a mistake during the trust creation process. The features of each different kind of trust can vary substantially and if you make the wrong type of trust, you could end up not getting protections you expect.
When you use legal tools like trusts, you cannot afford any mistakes. The costs and complexities associated with creating a trust can be daunting to many people, but you need to ensure you are effective in using this powerful legal tool. Zimmer Law Firm can help.
A living trust document must contain the following items to be valid: 1 Your name as the grantor of the trust 2 The name of the trustee who will manage the trust 3 The name of the successor trustee who will manage the trust should the trustee die 4 The names of your beneficiaries 5 How the assets are to be distributed to the beneficiaries
In many situations, it's possible to prepare your own trust document. To write your own trust document, be sure to do the following: 1 Check your state laws for trust requirements. Each state has its own requirements regarding what the trust must include, how it should be signed and witnessed, and whether an attorney is required for the transfer of certain assets into the trust. 2 Type the document. A handwritten trust document may be valid if it's properly signed and executed, but a typed document will be clear and easy to read and is always best. 3 Keep it simple. The more basic your trust, the better. Don't include anything beyond the basic information required by the state. 4 Transfer ownership. Once you complete the document, you must transfer ownership of your assets to the trust for it to take effect. If you skip this step, the trust has no effect at all.
After your death, the trust distributes the assets to your beneficiaries. A living trust is created with a trust document or instrument. You may be able to create this yourself, but it makes sense to work with an attorney to create your trust in some situations.
Life insurance is subject to estate tax. If you have large amounts of life insurance, there's a special trust that can be set up to keep the funds from being hit by estate tax. An attorney can create this special trust for you. You need help transferring assets.
The federal estate tax exemption is currently set at $11.18 million. If your estate is larger than that amount, you'll owe estate taxes. Many states have estate taxes as well, so be sure to check your own state's laws so you know if you'll owe the state.
The first step in establishing a trust is preparation and execution of a trust instrument, which a legal document establishing the trust. The instrument names the trustee (and often a successor trustee) and beneficiaries of the trust. It also establishes the terms, conditions, and rules for management and distribution of the trust assets and property.
The grantor of a trust is the person who creates the trust.
To draft a standard living trust—which is what most attorneys offer—you start with a lot of legal boilerplate (off-the-shelf legal language) and add the following information: The name of the person creating the trust (called the grantor, settlor, or trustor). If it's your trust, that's you. The name of the person who will manage ...
A revocable living trust, unlike a will, offers a fast, private, probate-free way to transfer one's property after death. Although a living trust is not a complete substitute for a will (it doesn't allow you to name a guardian for a child, for example), it is definitely a more efficient way to transfer property at death, ...
Create an amendment to the trust stating exactly the changes you wish to make to the trust. Sign it, and have the trustee sign it. It is okay for the amendment to be a separate document from the original trust agreement. Arrange for all beneficiaries to sign the trust amendment, if the trust is irrevocable.
Irrevocable trusts cannot be revoked without either a court order or the consent of the grantor, the trustee and all the beneficiaries. You may wish to amend a trust agreement to add assets to the trust, to remove assets from it, to add a beneficiary after the birth of a child, to delete a beneficiary after a divorce or to appoint a new trustee.
Revocable trusts are relatively easy to amend. Irrevocable trusts cannot be revoked without either a court order or the consent of the grantor, the trustee and all the beneficiaries. You may wish to amend a trust agreement to add assets to the trust, to remove assets from it, to add a beneficiary after the birth of a child, ...
Create a codicil to your will that takes account of the assets placed in the living trust, to avoid legal disputes after you die and prevent trust assets from going through probate.
Scott Royal Smith is an asset protection attorney and long-time real estate investor. His law firm, Royal Legal Solutions, helps thousands of real estate investors and entrepreneurs in all 50 states protect more than $1.2 billion in assets. Since 2014, he has published over 1,000 posts and articles on BiggerPockets and has appeared on hundreds of podcasts.
The series LLC reduces your liability exposure, which effectively limits the potential damage a lawsuit can do to you. What it doesn’t do is stop the lawsuit from happening in the first place. On the other hand, an anonymous trust can! If you truly want to make your company litigation proof, you need an anonymous trust.
To be perfectly blunt, people sue you because they want your money. Most of the time, the people suing you have little to no money in the first place. And if they don’t have enough money, they can’t pay a lawyer to sue you. People usually get around this obstacle by offering their lawyers part of the settlement.