Friday, January 10, 2014

Why It Is Good Idea To Have An Asset Protection Trust

By Marissa Velazquez


It is important to protect the assets you have accumulated over a long period of time so that you will not lose them if you file for bankruptcy or if you are sued among other things. One of the ways to protect your investments is setting up an asset protection trust. This is contract between a grantor and a trustee.

A trustee is the party that is entrusted the task of managing the assets of a grantor for the benefit of beneficiaries. The trust agreement requires grantors to transfer their assets to the trustees they choose. Trusts can either be irrevocable or revocable. They may be included in the will of a grantor to take effect when he or she passes on.

Protecting your investments effectively through trusts is possible if you make sure that the trustees are independent, have a spendthrift provision and they allow trustees to make distributions when necessary. It is possible to change revocable trusts at any time and therefore, governments consider any investments held in such trusts to be taxable. The estate that you will leave behind after you die will not be exempted from taxation.

If you have established revocable trusts, you may have to pay income taxes on the gains generated from the assets held in them. In general, a revocable trust will change into an irrevocable trust after you die or become incapacitated. If you opt for irrevocable trusts, the assets that you place in them will be permanently transferred to the trusts.

The trustees can pay capital gains and income taxes on the trusts on your behalf. After your death, the assets in such trusts will not be considered to be part of your estate and they will therefore not be subject to estate taxes. As a grantor, you will name a trustee to manage your investment portfolio. In some cases, you can work with the trustee when making major decisions.

Grantors can also choose to assign full authority to the trustees to act on their behalf. They can choose individuals such as their relatives and friends or professionals like accountants or lawyers to be their trustees. Grantors can also choose entities that are experienced in money management, taxation or estate law to be their trustees.

Your needs and objectives should be the determining factor when establishing trusts. Living trusts are ideal if you want to get your affairs expertly managed after you die or become disabled. With such trusts, you can control your estate and enjoy its income. After you die, the person you have named as the trustee will distribute the assets you leave behind depending on your agreement. In this way, your beneficiaries will not have to go through the probate process.

People who wish to have their grandchildren become beneficiaries of their estates can choose to set up a generation skipping asset protection trust. Trusts are beneficial because they help people protect their investments, define how their estates should be managed and reduce their tax obligations. Investors should hire a lawyer to help them choose trusts that will meet their needs.




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