Wednesday 7 May 2014

Information Regarding Asset Protection Trusts

By Tracie Knight


Trusts are ideal if you want to gain control over the management of your assets when you die, or if you wish to manage your own assets in a particular fashion. Asset protection trusts are suitable if you want to protect your personal and professional assets from potential creditors. This is an effective method of planning your wealth goals.

A trust is viewed as a legal entity which is drafted to retain an asset for the benefit of another. There are three parties involved in this legal entity. The person who creates and funds the entity is known as the trustor or grantor. The person who received benefit from it is known as the beneficiary. The person who is responsible for its administration is the trustee, who is also bound to act in the best interests of all beneficiaries.

This type of entity is formed by the raising of a legal document, called an agreement. The agreement stipulates the names of the trustee and the beneficiaries. Instructions stipulating what the beneficiaries will receive are included in the document. The list of trustee duties, the date it will end and all other stipulations are included in the document.

This entity can contain any asset, such as stocks, bonds, real estate. What you choose to put into the entity will be dependent on your goals for starting the deed. An example is if you want to form an entity that will be used for the payment of estate duties and taxes, or to provide financially for your family upon your death, you may choose to fund the trust with an insurance policy or real estate.

There are many reasons why people make use of these entities. Some of the reasons for this are to minimize estate taxes, protect assets from possible creditors and to preserve assets. You may want to move assets to individuals who fall into a lower income tax bracket. If you want to ensure that your assets remain in your hands, you may consider an asset protection entity.

This is an irrevocable trust that will protect all your assets within it from potential creditors. To establish the entity, you are allowed to transfer certain assets to it. Once the assets have been transferred, it will be protected from future creditors.

You will retain a level of control over all the assets you place in the entity. As the grantor, you are allowed by law to direct the way in which all assets are invested. You are able to gain income from it and can determine the distribution to third parties.

You may not gain total control over every asset in the trust. However, it does not suggest that you will lose ultimate control over the benefits derived from the property which you have transferred.

You should consult an attorney to find out about the various types of entities. A trust which you refer to in your will is called a testamentary entity. You can make use of a living trust while you are alive. If you wish to have the facility to amend or cancel the entity, you will obtain a revocable version, or if you do not want this facility, an irrevocable entity. Your choice will be wholly dependent on what you currently require and may require in future.




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