Why Would I Consider a Trust for My Estate Planning In 2024?

Author

Chayet & Danzo, LLC

For more information about the author, click to view their website: Chayet & Danzo, LLC

Posted on

Jul 12, 2022

Book/Edition

Colorado - Denver Metro

In 2024, everyone needs an estate plan, regardless of their socio-economic circumstances.  A simple estate plan will typically contain at least three documents; a durable medical power of attorney and a durable financial power of attorney. These documents give the authority to a person of your choice, to speak on your behalf on your medical and financial issues if you’re not able to make necessary decisions due to health issues.  The third document, a will, is a way to pass your property upon death to whom you wish. 

A trust might be an option in your estate planning instead of or in addition to a will. 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 person's lifetime (Living Trusts) or at the person's death (Testamentary Trusts). Some different types of Trusts from both categories are:

Living Trust

A person can transfer their assets to a Living Trust and as a trustee continue using their assets as needed during their lifetime.

Tax Planning Trusts

Several different types of Living Trusts provide flexible alternatives for minimizing capital gains and estate taxes, including the Charitable Remainder Trust, Irrevocable Life Insurance Trust, Qualified Personal Residence Trust, Grantor Retained Annuity Trust, and Grantor Retained Unitrust.

Testamentary Trusts

A person can create a Trust under a Will, called a Testamentary Trust, which does not take effect until they are deceased.

Disability Trusts (also known as Special Needs Trusts)

A Disability Trust is a type of Living Trust that allows a disabled person under the age of 65 to use his/her own assets, other than for food and shelter, for their special needs and keep public benefits, such as Medicaid and Supplemental Security Income (SSI).

3 reasons you may need a trust as part of your estate plan 

  • Are you concerned about protecting a gift from creditors or litigation?
  • Does a loved one need nursing home care or Medicaid eligibility?
  • Do you want to provide for children, grandchildren or charitable organizations?

The types of assets you own is another important consideration. Three typical reasons you might need a trust:

            1. A loved one cannot be trusted with a large financial gift or has special needs

If you have concerns that a child does not have the financial skills to manage a financial gift, or the loved one receives government benefits.      

            2. You want to transfer complex assets in a thoughtful manner

            Trusts can be effective for keeping a vacation home or a closely held business in the family. For large charitable donations, a trust allows you to leave a vision for how you would like the gift used.

            3. Limiting the potential for relationship-damaging fights is important

            When you have worked hard and been successful, a trust may be able to limit conflict, and the legal fees associated with litigation.

 

Editor’s Note: This article was submitted by Marco D. Chayet, Esq.
Marco is a partner in the law firm Chayet & Danzo, LLC, and the Public Administrator for the 18th Judicial District; he may be reached
at 303-355-8500 or by email at Marco@ColoradoElderLaw.com

 

This is a brief overview of the topic and should not be considered legal advice.

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Local Services By This Author

Chayet & Danzo, LLC

Power of Attorney 650 South Cherry Street, Denver, Colorado, 80246

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

Elder Law 650 South Cherry Street, Denver, Colorado, 80246

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.