Trusts are legal documents that give the document holder that allows a third party to hold assets on behalf of a beneficiary or beneficiaries.

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What to Ask A Potential Will and Trust Attorney

It goes without saying that estate planning is incredibly important and is more than just having a will or a trust. Estate planning offers a sense of security for you and your loved ones that your wishes will be carried out. With such an important and personal endeavor, selecting the right Wills and Trusts Attorney is crucial.

Doing your homework, familiarizing yourself with the options, and asking questions will be critical to getting someone who’s actively looking out for your interests.

There are several key factors you should consider when interviewing potential attorneys and ultimately deciding which one to hire.  

Funding a Trust

Will your estate planner help with funding your trust (or otherwise aligning asset ownership with your plan)? How much of the funding process with they do for you?

For some clients, this can be a critical service due to the complexity of assets he or they may own that need to be accounted for. Having someone thorough and reliable in this part of the process will make it easier to ensure the estate planning is completed properly.

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Organization and Payment

What does your estate planning process look like? How long will it take until the entire process is complete? When is payment due and how do I pay?

These questions may seem simple, but, not unlike when you pay for home repairs, it’s important to have an idea of the end date of the process. It is also important to know when you are expected to provide information and payment so that you are not the cause of any delays. Additionally, you never want surprises when it comes to payment amounts or dates. It is common to put down a retainer or deposit with a wills and trusts attorney, but it’s always important to know ahead of time.

Long-term Access

What long-term plans do you have for your firm? Will you or another attorney in your firm be around to help me in the future?

Creating a will or trust isn’t a one-and-done process. Wills and trusts are frequently revisited over the years because of changes in your circumstances and in the law. If at all possible, it’s best to have the same attorneys working with you. Although you can switch attorneys or firms each time you need an update, attorneys with plans to continue to offer services into the future can be a safer bet for ensuring continuity in your estate planning.

Planning for the Future

Can you help my family members if I become sick or when I die? Just because an attorney prepares estate planning documents, does not mean that they will help with estate or trust administration. Having the attorney who prepared your estate planning documents to assist your family during times of incapacity or at your death can be extremely helpful. Since he or she is already aware of your wishes and will have a copy of your documents, addressing these difficult situations can be quicker and involve less hassle.

Have Questions? Let Us Answer Them

There’s no reason to get overwhelmed by the choice of a wills and trusts attorney. Asking just a few simple, but critical, questions can help you find someone who’s on the same page. Contact us or give us a call today to schedule an appointment.  We would be happy to answer these questions and any others you may have.

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Do You Really Need A Trust?

Although many people equate “estate planning” with having a will, there are many advantages to having a Trust rather than a will as the centerpiece of your estate plan. While there are other estate planning tools (such as joint tenancy, transfer on death, beneficiary designations, to name a few), only a trust provides comprehensive management of your property in the event you can’t make financial decisions for yourself (commonly called legal incapacity) or after your death.

What Are The Benefits Of Having A Trust

One of the primary advantages of having a trust is that it provides the ability to bypass the publicity, time, and expense of probate. Probate is the legal process by which a court decides the rightful heirs and distribution of assets of a deceased through the administration of the estate. This process can easily cost thousands of dollars and take several months to more than a year to resolve. Or course, not all assets are subject to probate. Some exemptions include jointly owned assets with rights of survivorship as well as assets with designated beneficiaries (such as life insurance, annuities, and retirement accounts) and payable upon death or transfer on death accounts. But joint tenancy and designating beneficiaries don’t provide the ability for someone you trust to manage your property if you’re unable to do so, so they are an incomplete solution. And having a will does not avoid probate.

Of note, if your probate estate is small enough – or it is going to a surviving spouse or domestic partner – you may qualify for a simplified probate process in your state, although this is highly dependent on the state where you live and own property. In general, if your assets are worth $100,000 or more, you will likely not qualify for simplified probate and should strongly consider creating a trust. Considering the cost of probate should also be a factor in your estate planning as creating a trust can save you both time and money in the long run. Moreover, if you own property in another state or country, the probate process will be even more complicated because your family may face multiple probate cases after your death, one in each state where you owned property – even if you have a will. Beyond the cost and time of probate, this court proceeding that includes your financial life and last wishes is public record. A trust, on the other hand, creates privacy for your personal matters as your heirs would not be made aware of the distribution of your assets knowledge of which may cause conflicts or even legal challenges.

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Why Should I Create a Trust

A common reason to create a trust is to provide ongoing financial support for a child or another loved one who may not ever be able to manage these assets on their own. Through a Trust, you can designate someone to manage the assets and distribute them to your heirs under the terms you provide. Giving an inheritance to an heir directly and all at once may have unanticipated ancillary effects, such as disqualifying them from receiving some form of government benefits, enabling and funding an addiction, or encouraging irresponsible behavior that you don’t find desirable. A trust can also come with conditions that must be met for the person to receive the benefit of the gift. Furthermore, if you ever become incapacitated your successor trustee – the person you name in the document to take over after you pass away – can step in and manage the trust’s assets, helping you avoid a Guardianship or conservatorship (sometimes called “living” probate). This protection can be essential in an emergency or in the event you succumb to a serious, chronic illness. Unlike a will, a trust can protect against court interference or control while you are alive and after your death.

Trusts are not simply just about avoiding probate. Creating a Trust can give you privacy, provide ongoing financial support for loved ones, and protect you and your property if you are unable to manage your own assets. Simply put, the creation of a Trust puts you in the driver’s seat when it comes to your assets and your wishes as opposed to leaving this critical life decision to others, like a judge. To learn more about trusts – and estate planning in general, including which type of plan best fits your needs – contact us today.

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Designating Beneficiaries in Blended Families

Whether you are in your first marriage or have remarried after a divorce, blended families are a common part of modern society. That being said, it is important to understand that blended families and subsequent marriages create important and unique issues when it comes to estate planning. This comes into play mostly with blended family beneficiary designations.

You may need to account for a prior spouse who is still caring for minor or disabled children, and also possibly make sure your current spouse and any children you had together – and any stepchildren – are also taken care of after you pass away. The good news is that estate planning can take all of these factors into account. This is true whether you are putting together your estate plan for the very first time or if you need to update your current estate plan due to a change in your circumstances.

Setting Up a Trust For A Blended Family

It is common for married couples to leave everything to one another in their wills, or list their spouse as the sole beneficiary of any assets that allow for this designation. The result is that if one spouse passes away before the other, the surviving spouse will own all of the assets left behind outright. While this may work for some families, when it comes to blended families this strategy may inadvertently disinherit children or spouses from a prior marriage.

One way to provide for a current spouse without leaving out children from a prior marriage is to place some or all of your assets in a trust that the spouse can use during his or her lifetime. Once the spouse dies, all of the property in the trust can go to the children from your current and prior marriage, or to other intended beneficiaries.

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Beyond Simple Beneficiary Designation

The plain and simple beneficiary designation on assets (like life insurance, bank and investment accounts, etc.) that allow for outright distribution to the surviving spouse can inadvertently wreak havoc on an estate plan when a blended family is involved. These complications can apply to a couple who has children from prior marriages, someone who remarries late in life, or someone on their second or third marriage and beyond.

For example, you may purchase a large life insurance policy and designate your current spouse as the sole beneficiary and pass away shortly thereafter. Since the beneficiary designation takes precedence over your estate planning documents, the proceeds of the life insurance will not be placed in that trust and will be distributed outright to your current spouse. If you had instead named the trust as beneficiary, you could have determined when and how the funds would be spent for the benefit of your heirs.

As an example, the funds could be used to provide support for your surviving spouse during his or her lifetime while also allocating a portion to help your children to pay for college, finance a down payment on a first home, and pay for a wedding, or start a business. The key is that the money can be available for your spouse, but not with unfettered control, and still available for your children.

Ensuring Your Wishes Are Followed

While you hope that a surviving spouse with honor your wishes even if they are not in writing, you may accidentally disinherit your children. Instead, a knowledgeable estate planner will use your trust as the centerpiece of your estate plan and make sure to coordinate and align the beneficiaries on your assets so that your intent will become the reality once you have passed away.

We can explain all of the options available to you and put together a plan and beneficiary designation that best suits your family’s needs. Contact us today to schedule a free consultation.

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Exploring 10 Different Types of Trusts in Las Vegas

Considering the myriad of trusts available, creating an estate plan that works can seem daunting.  However, that’s what we, as estate planning attorneys, do every day. We know the laws and will design a plan which addresses your specific situation.  

Here’s a look at the basics of ten different types of trusts in Las Vegas to provide a general understanding. There will not be a quiz at the end. All you need to do when we meet is share your goals and insight into your family and financial situation. We will design a plan that incorporates the best documents for your situation. 

Bypass Trusts

Commonly referred to as Credit Shelter Trust, Family Trust, or B Trust. Bypass Trusts do just that: bypass the surviving spouse’s estate to take advantage of tax exclusions and provide asset protection.  

Charitable Lead Trusts

CLTs are split-interest trusts, which provide a stream of income to a charity of your choice for a period of years or a lifetime. Whatever’s left goes to you or your loved ones.

Charitable Remainder Trusts

CRTs are split-interest trusts. They provide a stream of income to you for a period of years or a lifetime and the remainder goes to the charity of your choice.  

Special Needs Trusts

SNTs allow you to benefit someone with special needs without disqualifying them for governmental benefits. Federal laws allow special needs beneficiaries to obtain benefits from a carefully crafted trust without defeating eligibility for government benefits.

Generation-Skipping Trusts

GST Trusts allow you to distribute your assets to your grandchildren, or even to later generations, without paying the generation-skipping tax.

Grantor Retained Annuity Trusts

GRATs are irrevocable trusts. They are used to make large financial gifts to family members while limiting estate and gift taxes.

Irrevocable Life Insurance Trusts

ILITs are designed to exclude life insurance proceeds from the deceased’s estate for tax purposes. However, proceeds are still available to provide liquidity to pay taxes, equalize inheritances, fund buy-sell agreements, or provide an inheritance.

Marital Trusts

Marital Trusts are designed to provide asset protection and financial benefits to a surviving spouse. Trust assets are included in his or her estate for tax purposes.

Qualified Terminable Interest Property Trusts

QTIPs initially provide income to a surviving spouse and, upon his or her death, the remaining assets are distributed to other named beneficiaries. These are commonly used in second marriage situations and to maximize estate and generation-skipping tax exemptions and tax planning flexibility.

Testamentary Trusts

Testamentary Trusts are created in a will. These trusts are created upon an individual’s death and are commonly used to provide for a beneficiary. They are commonly used when a beneficiary is too young, has medical or drug issues, or may be a spendthrift. Trusts also provide asset protection from lawsuits brought against the beneficiary.

Which is the Best Option for You?

There are many types of trusts available. We’ll help you select which trusts, if any, are a good fit for you. Contact us today to schedule an appointment.

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