Types of Trusts

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The Dorcey Law Firm

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Posted on

Jul 23, 2023

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Florida - Southwest

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Trusts are valuable tools in estate planning that offer flexibility, control, and asset protection for both your beneficiaries and yourself. In this informative blog post, we will explore various types of trusts, their distinctive features, advantages, and common applications. Gaining knowledge about these trust variations will enable you to make well-informed decisions when crafting your estate plan.

Revocable Living Trust:

A revocable living trust grants you control over your assets throughout your lifetime, ensuring seamless management and distribution in the event of incapacity or death. It provides privacy, avoids probate, and allows for flexible adjustments to the trust provisions.

Irrevocable Trust:

Once established, an irrevocable trust cannot be altered or revoked without the beneficiaries' consent. It offers potential tax benefits, safeguards assets, and can serve charitable purposes or manage assets for future generations.

Testamentary Trust:

A testamentary trust comes into effect upon the testator's death and is created within a will. It enables asset management and distribution to designated beneficiaries, often protecting assets for minors, individuals with special needs, or controlling gradual distributions.

Special Needs Trust:

Designed to support individuals with disabilities without affecting their eligibility for government benefits, a special needs trust ensures that trust assets supplement public assistance programs instead of replacing them.

Charitable Trust:

Charitable trusts allow you to contribute to causes you care about while potentially receiving tax benefits. These trusts can provide ongoing support to charitable organizations or establish scholarships, grants, or endowments.

Asset Protection Trust:

An asset protection trust safeguards your assets from potential creditors, lawsuits, or financial risks. These trusts are commonly utilized in jurisdictions with favorable laws, offering an additional layer of protection for your wealth.

Dynasty Trust:

A dynasty trust is created to preserve wealth for multiple generations, helping to avoid estate taxes and keep assets within the family. It promotes long-term financial security and establishes a lasting legacy.

Contact Our Trust Lawyers

Understanding the various types of trusts empowers you to tailor your estate plan to your unique circumstances and aspirations. It is advisable to consult an experienced estate planning attorney to determine the trust or combination of trusts that best aligns with your needs. Remember, estate planning is a complex matter, and seeking professional guidance is crucial.

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Paperwork...Paperwork...What Should I Keep?

PaperworkPaperworkWhat Should I keep? Sorting through the paperwork of a deceased loved one is a daunting task. It is important to know what to keep and what to discard. Here are some helpful tips.  Deeds, Titles and Vehicle RegistrationsDeeds and titles to property may not be obvious on the face of the document so it is important to read everything carefully. Keep anything that has a legal description (Lots and Blocks or Metes and Bounds), a vehicle identification number (VIN), contains the word title, deed of trust or warranty deed.  ReceiptsSome property does not have a title such as a tractor, farm equipment or certain recreational equipment. In such cases, keep the purchase receipts for this type of property. It will be useful if there is a question about ownership, the value of the property or the date it was purchased.  Bank RecordsSave all bank records and statements. These will be valuable if a dispute arises about ownership of an account, payments or distributions made from the account and to whom. Shred unused checks.  Retirement AccountsSave all statements and records pertaining to the decedents individual retirement accounts (IRAs), 401(k) plans or pension plans.  Life Insurance PoliciesSave all life insurance policies.  Social Security Paperwork and Earning StatementsSave information about the decedents Social Security account or earning statements.  Cancel the Decedents Credit Card Accounts Nowadays, identity theft is a huge issue. Contact Experian, Equifax and TransUnion to report the death of your loved one. Request the credit report be flagged as Deceased. Being proactive prevents a lot of hassle later on.  Cancel all credit cards in the deceased persons name. Also, there may be questions about the credit card purchase of certain items or property. Save credit card statements until probate of the decedents estate is complete.  Documents that contain the decedents Social Security NumberIf you find any documents with the decedents Social Security Number and you make a determination that the documents are not going to be saved, make sure it all gets shredded.  Tax RecordsKeep the decedents tax records. There may be a question about real property valuation, exemption or other issues that can be resolved by information in a tax return.   Loan PaperworkKeep all loan paperwork including loans on property or a loan the decedent made to a relative, friend, individual or organization. This may show that there is outstanding debt or money owed to the decedents estate.  Business AgreementsSometimes people have business agreements that have been documented in writing. Such agreements may contain a succession plan, what should happen with business equipment or property, or what should happen upon the death of a business partner.  Military RecordsSave all military records just in case there are benefits owed to a survivor such as a spouse, dependent child or disabled child. Some benefits are dependent upon verification of military service during war time which occurred prior to the advent of computer records. This includes photographs taken during wartime.  Birth and Marriage CertificatesSave all birth and marriage certificates. Again, for certain benefits for survivors, such certificates may be needed.  Timeframe for Keeping PaperworkIt is advisable to keep these potentially important documents until the estate of the decedent is settled, at a minimum. Otherwise keep them at least seven years and longer if possible, especially if real estate is involved.  Contact Your AttorneyYour attorney will ask you pertinent questions and give you advice about what records to keep.  You should also review your own estate plan documents to make sure they are up to date and reflect your current wishes.  This article was written by Donna A. Schuyler, Attorney, who practices in the areas of estate planning, elder law, guardianship, and probate. Donna Schuyler Law, PLLC; elderlawboise.com. Phone 208-344-1947

A Will or a Trust- Which One Is Bet For You?

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Local Services By This Author

Dorcey Law Firm

Elder Law 10181 6 Mile Cypress Parkway Suite C, Fort Myers, Florida, 33966

At Dorcey Law Firm, our experienced legal team have proudly represented numerous clients, focusing on areas like Estate Planning, Business Planning, Asset protection, Elder Law, and Probate. Over the years, our attorneys have efficiently managed and escrowed countless trust accounts. This includes meticulous work in our Probate & Trust Administration as well as our Estate Planning and Elder Law departments.  We understand that each client's needs are unique. Hence, our team is dedicated to tailoring services that not only meet your needs but also ensure that your estate plans are designed, executed, funded, and kept updated. Our in-house Trust Funding Department ensures that every estate plan crafted by our lawyers is fully funded. This commitment ensures our clients wishes are honored without unnecessary delays, excessive costs, or asset depletion.  By partnering with us, you're not just securing your assets; you're laying a foundation that benefits your family for generations. Additionally, our exclusive Auto-Pilot Planning Program (APP) is designed to keep your estate plan up-to-date with ever-evolving laws and life changes, ensuring seamless adjustments when needed.  Whether you've recently settled in Florida or have been a resident for years, or if you're exploring ways to protect your assets now or in the future, Dorcey Law Firm in Fort Myers is committed to helping you craft the perfect estate plan to care for your loved ones.