When it comes to estate planning, trusts can be a great tool for protecting your assets and ensuring that your wishes are carried out. But before you decide to create a trust, it's important to understand the advantages and disadvantages of each type of trust. One of the main benefits of a trust is that it can help you avoid probate court. This means that your personal and financial affairs remain private, and you maintain control of your finances after you die.
Additionally, a trust can reduce the possibility of a judicial challenge. However, switching assets to a revocable trust will not save income or estate taxes. And while assets held in an irrevocable trust are generally out of reach for creditors, that is not true with a revocable trust. An irrevocable trust cannot be modified or revoked, so it's important to consider all the implications before making this decision.
If the cost of establishing and maintaining a trust is reasonable relative to your assets and objectives, a trust can generally liquidate your estate more quickly than a will and can provide confidentiality for trust assets. When deciding what items of property should be placed in a living trust, it's important to consider including most of your valuable assets in order to avoid any obstacles. It's also important to remember that the law governing revocable trusts and other types of trusts may vary by state. Revocable living trusts have advantages and disadvantages, from avoiding probate to the costs associated with creating one.
Tax law provides special benefits for certain irrevocable trusts that benefit charities and, at the same time, provide some economic benefit to their grantor or beneficiaries. If you're considering creating a trust for your estate plan, it's important to weigh the pros and cons of each type of trust. It's also wise to consult expert legal counsel when drafting your will, especially if you have substantial assets, significant illiquid assets, or complex family relationships.
