Establishing Trusts in Estate Planning

Monday, September 24th, 2007...4:33 am


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There are many people who have never thought about their future — meaning the end of life. They never imagined that somehow there is possibility that they will become seriously ill, suffer accidents and never recover, or die in the middle of their wonderful living conditions.

Death is inevitable, that is why as long as you are still able to dream and have plans for your family and your own future, do it today. Take care of the legal matter of your properties and save your family who headaches or quarrels after you have departed from them. More than that have a peace of mind while you are still living; leave all the worries in your comprehensive estate plan.

Trusts are different from corporations or business establishments. They are like artificial persons or entities that hold properties for the benefit of a real person.

Persons Involved in a Trust

Establishing a trust involves three parties: the settler or creator, trustee and beneficiary, which are defined further below.
The settler or creator is the one who created the trust. The settlers can be husband and wife.

The person who will be legally responsible in managing the trust property is the trustee. In some cases, the creators are also the trustees; though it can also be a professional trustee like a bank. If the former is the case and one of the trustees dies, for example the husband, the wife remains as the sole trustee. On some instances, another trustee to replace the departed one is appointed. When the surviving trustee also dies, a successor is being appointed.

The beneficiary or beneficiaries is the party that receives the benefit of the trust income. Depending on the will of the creators, these people may have the right to withdraw the principal assets of the trust. Also, this party could also be the settlers themselves.

Types of Trust

Generally, there are two types of trust where you can entrust your properties.

First is the testamentary trust. This trust is stated in the last will and will only take effect after the death of the property owner. In this trust, the allocation of the property is well-planned. The creator can carefully choose the people to be the beneficiaries. The time of the property allocation is also planned accordingly.

Second is the living trust which takes place during the creator’s life time. It is created according to the property owner’s reason. However, it is suggested that the transfer of the entire property into the trust must be avoided. Living trust is usually revocable wherein the creator can withdraw the funds in parts or in full. But after the death of the settlers, the trust becomes irrevocable.

Establishing a trust is only one component in estate planning. However, this is one of the most comprehensive plan of action that one person can execute to ensure the well-management of properties after death. This will help the people you will leave to have peaceful and content lives.

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