Different Types of Trusts

Author

Chayet & Danzo, LLC

Posted on

May 27, 2009

Book/Edition

Colorado - Denver Metro , Colorado - Denver North Metro , Colorado - Denver South Metro

share-this
Share This
Trusts are useful estate planning tools that can accomplish a variety of goals. They can help avoid probate, minimize taxes, and be used to give property to minor or disabled loved ones. Trusts can be created during a persons lifetime (living trusts) or at the persons death (testamentary trusts). Some different types of trusts from both categories are discussed below.
Living Trust
A person can transfer their assets to a living trust and, as trustee, continue using their assets as they always have. If the trust is revocable, the person can amend or terminate the trust. If they become incapacitated or die, the successor trustee of their choice will continue to manage their assets the same way and will distribute the property remaining in the trust at their death to whomever they choose without the need for court involvement.
Tax Planning Trusts
Several different types of living trusts provide flexible alternatives for minimizing capital gains and estate taxes, including the charitable remainder trust (CRT), irrevocable life insurance trust (ILIT), qualified personal residence trust (QPRT), grantor retained annuity trust (GRAT), and grantor retained unitrust (GRUT). The specific type of trust involved determines how it is funded, used during the persons lifetime, and distributed at the persons death.
Testamentary Trusts
A person can create a trust under a will, called a testamentary trust, which does not take effect until they are deceased. A will can contain a marital or family trust for tax planning. A person can also create a testamentary trust for the support and education of a beneficiary who is a minor. Finally, a person can create a testamentary special needs trust (TSNT) for a disabled beneficiary to pay for special needs that are not covered by public benefits programs, such as Medicaid, without affecting the beneficiary's eligibility for programs like Medicaid.
Disability Trusts
A disability trust is a type of living trust that allows a disabled person under the age of 65 to use her own assets for her special needs, other than food and shelter, and keep public benefits, such as Medicaid and Supplemental Security Income (SSI). The trust can be established by the persons parent, grandparent, legal guardian, or a court. If there are any funds remaining in the trust at the persons death or when they no longer require medical assistance from the state, those funds must be used to pay back the state medical assistance program up to the amount of assistance provided for the person.
Similar to a disability trust, a third party discretionary trust (TPDT) allows people to give money to a disabled person without jeopardizing the persons Medicaid or SSI. The difference is that the assets remaining in the TPDT at the beneficiary's death do not have to be paid back to the state medical assistance program. Instead, they are distributed however the person who created the trust desires.
Conclusion
These are just a few of the trusts that can assist in accomplishing specific estate planning goals, including minimizing taxes, qualifying for public benefits, or avoiding probate administration. Trust planning can be complex, and an attorney can help you choose the right kind of trust to meet your needs.
Marco Chayet is a partner, and Dawn Hewitt is an associate, in the law firm Chayet, Dawson & Danzo, LLC, (303) 355-8500. Their practice emphasizes elder law, guardianships, conservatorships, public benefits, probate, estate planning, and long-term care planning. They can be reached online at www.ColoradoElderLaw.com or by e-mail at Marco@ColoradoElderLaw.com or Dawn@ColoradoElderLaw.com.

Other Articles You May Like

Preparing Your Loved Ones Home for Sale

Selling a home that has been lived in for many years can be a difficult process whether a loved one has passed or is just moving into a nursing home.  Many memories have been made that hold a multitude of emotions and it is hard to let it all go.  Here are a few steps to help ease the stress of preparing your loved ones home for sale.Be PatientIf time isnt of the essence put a 60-90 day freeze on all decision making.  During that time leave everything in the home as-is except for expiring food, medicines, and anything else that could leave a bad odor.  This hold-over time period will give friends and family time to grieve, time to process the options, and time to remember the home exactly how it was while your loved one still lived there.Get Expert HelpA lawyer should be one of your first calls as they can help get the necessary paperwork in order such as a power of attorney and will.  They can also help you navigate through probate.  Seeking legal advice about selling a home is always advised as it can greatly affect the title of the home.Next, a realtor will be able to talk about all of your options when it comes to selling. Since a realtor doesnt have any emotional attachment to the house, they will be able to be matter of fact and tell you the current market value of the home.  A realtor will also let you know which items should be updated to get the most money out of the house.DeclutterIt can be difficult to let things go, but a house must be de-personalized in order to sell for top dollar. If the process is too difficult or daunting to do on your own, you might consider hiring an estate sale company to host an estate sale. If this is the route you go, it is best to step away from the process and let the professionals do their job.If you prefer to go through items yourself, consider hiring an appraiser or specialist to look at antiques to find out their true value.  Less valuable items can be donated so you know they are going to a good home. Non-profit businesses that are usually seeking donations include Goodwill, Salvation Army, and Habitat for Humanity Restores.Update/RepairsA lived-in home will have signs of wear & tear.  At a minimum fix cracked tiles, patch holes in walls, give the home a coat of fresh neutral paint, replace burned out lightbulbs, and remove curtains to let the most light in. You might also consider installing new carpet and flooring.To get the most money out of the home, consider doing a kitchen and bathroom remodel as those spaces tend to be the biggest selling points of a house. If you dont have time for a major renovation you can update simple items such as replacing light fixtures, faucets, and hinges. In the bathrooms add a few stacked washcloths tied with a ribbon, add lightly scented candles, and buy matching bathmats & towels in a light green, blue or white tone.Your realtor might also suggest hiring a professional stager, who will bring in contemporary furniture to enhance the homes attractiveness to potential buyers.Clean, Clean, CleanOne of the last steps inside the home is to give it a good cleaning.  If you dont mind putting in the elbow grease, then begin with washing the windows, vacuuming, dusting, wiping down all surfaces, and polishing appliances. You can also consider hiring a cleaning company, who can come in and make the home sparkle in just a few hours.Curb AppealLastly, spruce up the landscaping and front entrance of the home which might have become neglected.  Trim shrubs, add flowers, mow the lawn, give the front door a fresh coat of paint, and paint faded trim.  In addition, certain buyers loan types such as FHA & VA will require rotted deck boards be replaced, that peeling paint is fixed, and any broken windows be repaired.If you are ready to take the next step in selling, call lMike Lies with Gold Compass Real Estate at 303-325-5690.

Resources Every Family Caregiver Should Know About

Caring for a loved one can be one of the most rewarding experiences, but it also comes with its challenges. Family caregivers often wear multiple hats, juggling work, family, and caregiving responsibilities. Knowing where to turn for help can make all the difference in managing the stress and ensuring your loved one receives the best possible care. Here are some essential resources every family caregiver should be aware of:Local Area Agencies on Aging (AAAs)AAAs provide a wealth of information and services tailored to seniors and their caregivers. From meal delivery and transportation to caregiver training and respite care programs, these agencies are a critical first step for many caregivers. You can find your local AAA through the Eldercare Locator.Support GroupsCaregiving can feel isolating, but youre not alone. Support groupsboth in-person and onlineconnect you with others who understand your journey. Platforms like Family Caregiver Alliance or local support groups can offer emotional support, practical tips, and a sense of community.Respite Care ServicesTaking care of yourself is vital to being an effective caregiver. Respite care offers short-term relief by providing professional caregiving services, either at home or in a care facility. Check with local senior care providers, such as our team at Elderlink Home Care, Inc., to learn more about these options.Financial Assistance ProgramsThe costs of caregiving can add up quickly. Programs like Medicaid Waivers, Veterans Aid and Attendance benefits, and local state assistance programs can provide financial relief. Additionally, many states offer stipends or tax credits for family caregivers.Technology Tools for CaregivingModern technology has made caregiving more manageable. Apps like CaringBridge and CareZone help you organize medical records, schedules, and communication with other family members. Medication reminder tools and wearable devices can also provide peace of mind.Caregiver Education and TrainingBecoming a caregiver often requires learning new skills. Organizations like the Alzheimers Association and AARP offer online courses, workshops, and guides to help you handle medical tasks, improve communication, and navigate the complexities of caregiving.Professional Home Care ServicesSometimes, partnering with a professional caregiver can provide the support you need. Home care services like those offered by Elderlink Home Care, Inc. allow your loved one to remain in the comfort of their home while receiving expert assistance with daily activities, personal care, and companionship.Legal and Financial Planning ResourcesHaving the proper legal and financial documents in place is crucial. Organizations like Legal Aid and National Academy of Elder Law Attorneys (NAELA) can guide you in preparing essential documents, such as powers of attorney and advanced directives, ensuring your loved ones wishes are honored.Caregiver Counseling ServicesThe emotional toll of caregiving is real. Many mental health professionals specialize in helping caregivers navigate stress, grief, and burnout. Look for local therapists or online counseling services to prioritize your mental health.Meals on Wheels and Nutrition ServicesEnsuring your loved one eats well is a top priority. Programs like Meals on Wheels provide healthy, affordable meals delivered right to their door. Many community centers and churches also offer meal services for seniors.Final ThoughtsBeing a family caregiver is no small task, but you dont have to go it alone. By tapping into these resources, you can find the support you need to provide the best care possible for your loved one while maintaining your own well-being.At Elderlink Home Care, Inc., were here to help. Whether you need professional caregiving services or advice on navigating the complexities of senior care, feel free to contact us for guidance and support.Remember: Taking care of yourself is just as important as taking care of your loved one. Dont hesitate to reach out for helpits a sign of strength, not weakness!Question, please call us at 303-734-0641.

Recognizing and Managing Early Signs of Cognitive Decline

As we age, its natural for our brains to experience some level of change. Forgetting where we placed the keys or occasionally struggling to recall a name is often a normal part of aging. However, consistent patterns of memory loss or changes in behavior could signal the early stages of cognitive decline. Recognizing these early signs is crucial, as timely intervention can significantly slow progression and improve quality of life.What Are the Early Signs of Cognitive Decline?Early signs of cognitive decline can vary, but some common indicators include:Memory LossFrequently forgetting recent events, appointments, or conversations.Relying heavily on notes or reminders for tasks that were once routine.Difficulty with Problem-Solving or PlanningStruggling to follow familiar recipes or keep track of monthly bills.Trouble concentrating on complex tasks or making decisions.Language ProblemsForgetting simple words or substituting incorrect words.Difficulty participating in conversations or following a story.DisorientationGetting lost in familiar places or forgetting the time, date, or season.Changes in Mood or PersonalityIncreased irritability, anxiety, depression, or withdrawal from social activities.Unexplained changes in behavior or decision-making.What to Do If You Notice These SignsIf you or a loved one are experiencing these symptoms, its important to act promptly. Cognitive decline can stem from various causes, some of which may be reversible with treatment.Consult a Healthcare Professional. Schedule an appointment with a primary care physician or neurologist for a thorough evaluation. They may recommend cognitive tests, brain imaging, or bloodwork to determine the cause.Adopt a Healthy Lifestyle. Research shows that certain lifestyle changes can boost brain health and slow cognitive decline: Stay Physically Active: Regular exercise improves blood flow to the brain.  Eat a Balanced Diet: A diet rich in fruits, vegetables, whole grains, and lean protein can promote brain health.  Engage in Mental Stimulation: Activities like puzzles, reading, or learning a new skill can keep the brain sharp.  Prioritize Sleep: Poor sleep can exacerbate cognitive problems.Maintain Social Connections. Staying socially active helps reduce stress and keeps the brain engaged. Encourage regular interactions with family and friends or participation in group activities.Monitor and Manage Chronic Conditions. Conditions like hypertension, diabetes, or high cholesterol can contribute to cognitive decline. Managing these conditions effectively can protect brain health.How Elderlink Can HelpAt Elderlink, we understand the challenges of navigating cognitive changes in yourself or a loved one. Caregivers provide personalized support designed to promote independence and enhance quality of life. From medication reminders and assistance with daily activities to engaging companionship, services are tailored to meet individual needs.Recognizing and addressing cognitive decline early can make a significant difference. With the right support and interventions, individuals can maintain their dignity, independence and well-being.Contact Elderlink today to learn how we can help your family navigate this journey with confidence and compassion 303-734-0641.

Local Services By This Author

Chayet & Danzo, LLC

Elder Law 650 South Cherry Street, Denver, Colorado, 80220

Chayet & Danzo LLC is a client focused elder law and estate planning practice serving families and individuals throughout the state of Colorado. At our firm, we have a dedicated team of highly skilled attorneys who will work hard to ensure that you receive the best legal services possible combined with professional courtesy. We specialize in the needs of seniors, disabled individuals and their families and offer products and services that go beyond the conventional legal offerings. From counselling and representation to planning and education, it is our goal to assist you through lifes critical stages.Elder law is at the core of what we do at Chayet & Danzo LLC. Elderly people and disabled individuals and their families often face many legal and financial issues that we can help clarify and solve. We assist seniors and their families with:Long Term Care: If you or a loved needs in home care, assisted living or skilled nursing facility we can help to put a plan in place for quality of life as well as preservation of assets.Medicaid Planning: It can be difficult to understand the rules of Medicaid eligibility and the services that are available. We work with you to identify potential strategies that will allow you to receive maximum Medicaid benefits while still preserving your financial independence.Guardianships and Conservatorships: When a loved one is mentally incompetent and cannot make decisions on his or her own, we assist families in seeking for guardianship or conservatorship to protect the interest of the patient.Special Needs Planning: We assist families in the creation of trusts and other legal vehicles in order to meet the needs of loved ones with disabilities without jeopardizing government benefits.Elder Abuse and Exploitation: Our attorneys defend vulnerable seniors and represent them in cases of elder abuse, neglect, or financial exploitation, to protect them and preserve their dignity.Through the legal and financial issues that come with aging or disability, we ensure that families have the information they need to make the right decisions for their loved ones and their resources.Chayet & Danzo LLC also provides individualized estate planning services in conjunction with our elder law expertise. We realize that estate planning is about more than preparing the documents; it is about guaranteeing a sound future for you and your family. Our estate planning services include:Wills and Trusts: We also ensure that your wills and trusts are properly worded and executed in a manner that is suitable for your case and will ensure that your wishes are met, as well as your properties go as you wish.Powers of Attorney: Our attorneys assist in the execution of durable power of attorney for financial and healthcare powers of attorney so that you dont have to worry about who will take care of your affairs in case you are incapacitated.Advance Directives and Living Wills: We help people prepare advance directives to document their treatment choices in the event that they are unable to make decisions for themselves.Probate and Estate Administration: It is never easy to lose a loved one. We offer comforting instructions on how to navigate through the probate and estate administration process and help families to conclude the processes quickly and properly.Asset Protection Strategies: We assist clients in protecting their assets from a variety of potential risks including lawsuits, long term care, estate taxes and more to ensure that wealth is passed down to future generations.We ensure that we understand your specific objectives and family situation before recommending any estate plans to you.At Chayet & Danzo LLC, we pride ourselves in offering our clients quality services. We know that every client is unique and needs individual attention and real solutions to his or her problems.Our team works hard to provide affordable legal services and at the same time, maintains high standards of professionalism and compassion.Elder law and estate planning can be confusing and expensive; it can also be emotionally difficult. That is why we pride ourselves in forming strong relationships with our clients and being their legal advisors throughout the process.Chayet & Danzo LLC is based in Denver, CO and serves clients statewide. No matter if you are in the middle of the city or in a rural area, our team is ready to provide legal assistance that is close and reliable.Our attorneys at Chayet & Danzo LLC have substantial experience in elder law and estate planning and are well-placed to protect the rights of seniors, disabled individuals and their families. We always proceed with caution when handling any case because we understand the emotional and personal issues that are often involved. We are a law firm that does not only provide legal documents but also provides information, information and legal representation to ensure that all your concerns are addressed. Furthermore, we are committed to offering legal services that are of high quality and yet reasonably priced. If you are interested in planning for your future and the future of your loved ones, then do not hesitate to contact us at 1-866-873-6596 or visit our website at coloradoelderlaw.com to schedule a consultation.We are here to provide the comfort of having expert elder law and estate planning services. At Chayet & Danzo LLC, your familys future is our familys future.

Chayet & Danzo, LLC

Special Needs Trusts 650 South Cherry Street, Denver, Colorado, 80220

We are a client-focused elder law and estate planning firm serving all of Colorado. Our attorneys provide the highest quality legal services and professionalism, while representing our clients in a cost-effective manner. Meeting the needs of our elder law clients depends on moving beyond conventional legal work to offering practical assistance in planning, counseling, educating, and advocating for the senior or disabled client and their families. Call Toll Free 1-866-873-6596.

Chayet & Danzo, LLC

Fiduciary Services 650 South Cherry Street, Denver, Colorado, 80220

We are a client-focused elder law and estate planning firm serving all of Colorado. Our attorneys provide the highest quality legal services and professionalism, while representing our clients in a cost-effective manner. Meeting the needs of our elder law clients depends on moving beyond conventional legal work to offering practical assistance in planning, counseling, educating, and advocating for the senior or disabled client and their families. Call Toll Free 1-866-873-6596.