Information Regarding Asset Protection Trusts

djamal-soft الجمعة، 2 مايو 2014
By Tracie Knight


Trusts can be used whether you are considering managing your own assets or if you wish to gain control over how your assets will be handled on your death. You can make use of asset protection trusts to protect your professional and personal assets from creditors. It is a safe way to plan your goals regarding your wealth.

Trusts are regarded as legal entities which hold assets for the benefit of another entity. It contains three active parties. The trustor or grantor is the one who creates and funds the trust. The beneficiary is the one who will gain from it. The trustee administers it and is duty-bound to act in the best interests of the beneficiary.

A legal document needs to be executed for the creation of this entity. The beneficiary and the trustee are both named in these documents. The agreement contains instructions as to what exactly the beneficiary will receive. It also lists all the duties related to the trustee and stipulates a date or event when the trust will come to an end, among several other stipulations.

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.

People use these entities for various reasons. Some of the reasons include the minimization of estate taxes, protection of their assets from potential creditors and the preservation of assets. You could choose this method to move assets to others who are liable for lower taxation. An asset protection trust is ideal if you want to make sure that the assets stay in your possession.

Asset protection is classified as an irrevocable trust for the protection of your assets from creditors. To establish it, you can transfer specific assets to the entity. Once transferred, the assets will afford protection from all future creditors.

You will have some form of control over the assets that are placed within the entity. As the trustor or grantor, the law allows you to direct the manner in which the assets are invested. You will be allowed to receive income from it and determine how distributions are provided to third parties.

To offer adequate protection for the assets placed, you may not be able to gain full control over the assets. This does not imply that all control will be lost over the benefits derived from the property which you have transferred.

If you consult with your attorney, you will be offered a range of trust types. You can opt for a testamentary entity which will be referred to in your will. A living trust is applicable whilst you are alive. An irrevocable entity is not allowed to be cancelled or changed, and a revocable entity may be cancelled or changed. Your choice will be dependent on your current and your future needs.




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