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Everyone Should Have a Trust....Do You?

By
Real Estate Agent with Berkshire Hathaway California Realty DRE #01492138


Everyone Should Have a Trust....Do You?

A trust is traditionally created for minimizing estate taxes and can offer other benefits as part of a well-crafted estate plan.

A trust is a fiduciary arrangement that allows a third party  to hold assets on behalf of a beneficiary or beneficiaries. Trusts can be arranged in many ways and can specify exactly how and when the assets pass to the beneficiaries.

Since trusts usually avoid , your beneficiaries may gain access to these assets more quickly than they might to assets that are transferred using a will. Additionally, if it is an irrevocable trust, it may not be considered part of the taxable estate, so fewer taxes may be due upon your death.

Assets in a trust may also be able to pass outside of probate, saving time, court fees, and potentially reducing estate taxes as well.

Other benefits of trusts include:

  • Control of your wealth. You can specify the terms of a trust precisely, controlling when and to whom distributions may be made. You may also, for example, set up a revocable trust so that the trust assets remain accessible to you during your lifetime while designating to whom the remaining assets will pass thereafter, even when there are complex situations such as children from more than one marriage.
  • Protection of your legacy. A properly constructed trust can help protect your estate from your heirs’ creditors or from beneficiaries who may not be adept at money management.
  • Privacy and probate savings. Probate is a matter of public record; a trust may allow assets to pass outside of probate and remain private, in addition to possibly reducing the amount lost to court fees and taxes in the process.
  • Disinheriting Someone- This is the only way to make sure you a particular family member does not inherit a portion of your estate.
  • Medical and Burial Wishes- Putting your desires in writing makes sure that your desires are taken care of correctly when you are no longer able to make the decisions and also good to discuss this with your kids.

A trust Important as it puts your wishes in writing.

After your trust is created, make sure you set up a bank account and have your trust recorded. Most go to an attorney's office to have their trust created but you can also find other companies and software on the internet. 

 

 

Thanks or Reading my Real Estate Blog..........

 

California is a dream-come-true state no matter what your needs or wants are. We have year round warm weather, beautiful beaches, rustic mountains and desert communities. If you are looking for a home in Southern California, please contact me. I am a local California Realtor, live in the Inland Empire community and am aware of the local market. I am here to help you find a home or to sell the home you currently own. California has great opportunities to view Nature and Bird Watching. Whatever your needs are, you will find it here in California! From the Inland Empire you are 45 minutes to the beaches, mountains or desert. Housing is affordable in the Inland Empire area!

 

Kristin Hamilton- CalBRE #01492138 Keller Williams Realty–Women's Council of Realtors® Board Member. I am a full time agent and deal in all types of real estate transactions. Trusts, Probate, Short Sales, Standard Listing, Single Family Homes, Apartments 1-4 units, Duplexes and Condos. I am also an experienced REO agent. I sell real estate in the Riverside, San Bernardino, Orange, and Los Angeles Counties. I am a trained and experienced Short Sale agent. If you are looking for a professional and experienced agent, I am just a click away. Google me at Kristin Hamilton-Real Estate Agent. Homeowners and Buyers both will find my services top notch and successful. Call me to sell your home; both traditional and short sales    

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Grant Schneider
Performance Development Strategies - Armonk, NY
Your Coach Helping You Create Successful Outcomes

Kristin - Trusts have many purposes and they are worth exploring.  For example, my father's revocable living trust meant that I did not have to go through estate probate.

Sep 17, 2014 01:27 AM
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Hello Kristin,  Yes many people do not think about trust or even living wills.  Good reminder.

Sep 17, 2014 01:32 AM
Kathy Streib
Cypress, TX
Home Stager/Redesign

Kristin-thankfully, we had a financial planner who set us up with one.  This is information for everyone to have.

Sep 17, 2014 02:33 AM
John Meussner
Mortgages in AZ, CA, CO, DE, FL, GA, IN, MD, MN, MT, NC, NJ, NV, OK, OR, PA, SC, SD, TN, TX, UT, VA, WI - Fair Oaks, CA
#MortgageMadeEasy Fair Oaks, CA 484-680-4852

Trusts are great, and I agree that everyone should look into one-  although, people should NOT do it while in the middle of the mortgage process without telling their lender, as one of my clients just so kindly did : )

Sep 17, 2014 04:31 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

Trusts are critical in transferring real estate without having to go through probate.

Sep 17, 2014 04:31 AM
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

Trusts offer a great way to preserve assets, avoid probate, and so much more. 

Sep 17, 2014 09:30 AM
Suzanne McLaughlin
Sabinske & Associates, Inc. (Albertville, St. Michael) - Saint Michael, MN
Sabinske & Associates, Realtor

This is very important information, Kristin.  And, trusts can be a way to convey your estate by minimizing taxes, but always consult an attorney to make sure that you have complied with all state, federal and local tax laws in setting one up!

Sep 17, 2014 10:13 AM
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Thanks for this advice Kristin, no I do not have one, but it is time to start looking into one soon.

 

Sep 17, 2014 03:39 PM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Kristin as always great advice, some of us can give but do not take our own good advice...Endre

Sep 18, 2014 04:49 PM
Georgie Hunter R(S) 58089
Hawai'i Life Real Estate Brokers - Haiku, HI
Maui Real Estate sales and lifestyle info

Thanks for the reminder that it's never too late to set up a trust. Especially if you have kids.

Sep 21, 2014 01:35 PM
Judith Parker
ProStead Realty - Charlotte, NC
CRS, GRI, CMRS, Charlotte, NC

Good evening Kristin ... great information and I need to definitely do some planning.  Have a nice eve!!

Oct 04, 2014 08:35 AM
Kristin Hamilton CA REALTOR
Berkshire Hathaway California Realty - Beaumont, CA
(909) 557-6966- Specialize 55+ Communties Banning

Hi Grant- I had the same situation with my parents trust and it was pretty simple especially at an unbearable time.

Hi Will- It it something we all need to do and sometimes do not get around to doing it.

Hi Kathy- Yes it is good that you had it done by an expert.

Hi John- I had not thought of this but understand as people are moving money around, adding new accouts or changing the name on the accout which could be a red flag for the underwriter.

Hi Chris Ann- Some people just never get around to doing it and then they have to go to an attorney and pay a lot of money to probate their spouse or parents estate.

Hi Fred- Another positive effect of a trust is that the deceased persons wishes are followed. Assets are distributed correctly and even before death, a person's wishes are followed if they are not capable of making the decision themselves anymore.

 

Oct 09, 2014 01:37 AM
Kristin Hamilton CA REALTOR
Berkshire Hathaway California Realty - Beaumont, CA
(909) 557-6966- Specialize 55+ Communties Banning

Hi Suzanne- I totally agree as some of the generic software you can purchase might not always be correct for particular states. 

Hi Bob- Yes Bob, no time like the present to set one up. Glad I was able to remind you to do this now.

Hi Endre- I feel very strongly about this subject and just set  up one myself as I was going on a long vacation and crossing the Pacific ocean twice and you never know when your time is up.

Hi Georgie- Yes this will keep them from squabling as to who is in charge. 

Hi Judith- We all need a trust with our wishes in black and white in case a dispute comes up.

Oct 09, 2014 01:43 AM
David Shamansky
US Mortgages - David Shamansky - Highlands Ranch, CO
Creative, Aggressive & 560 FICO - OK, Colorado Mtg

Hey Kristin this is a great tool to be used for asset protection as well as mitigation of taxes

Oct 12, 2014 08:13 AM
Joanna Cohlan
Fresh Eyes For Your Home - Chappaqua, NY
Designing, Decorating & Staging Westchester Homes

Hi Kristin, trusts are definitely a valuable estate planning tool for people whose assets exceed the federally deductible amount, which is a moving target but is well over $1000000 now.  And so, if you have wealth, it is a good way to preserve it and determine who has control of your assets and when.

Oct 16, 2014 07:41 AM
Kristin Hamilton CA REALTOR
Berkshire Hathaway California Realty - Beaumont, CA
(909) 557-6966- Specialize 55+ Communties Banning

Hi David,

Yes you are so right and just peace of mind that someone will not likely abuse seniors and rob them blind.

Oct 17, 2014 09:34 AM
Kristin Hamilton CA REALTOR
Berkshire Hathaway California Realty - Beaumont, CA
(909) 557-6966- Specialize 55+ Communties Banning

We had one drawn up as it preserves our assets, makes our wishes known, and makes it easy for our child to transfer everything to her name. When my mother got sick after her stroke, Medicare couldn't legally talk to me until I sent them a copy of her trust. I was giving them info they requested but still they said we cannot discuss it with you on the phone. Trusts are pretty mandatory for all govt agencies; SSN, Medicare,  Govt Retirements. I am glad I had one done.

Oct 17, 2014 09:38 AM
Brigitte von Weiss
an Expertise in Estate Planning and Elder Law - Easton, MA

 

There are several non-tax reasons for utilizing credit shelter trusts such as avoiding probate; creditor protection; protection for the surviving spouse and children in the event the surviving spouse remarries; control and management of assets for spendthrifts, minors and those disabled; and avoiding ancillary probate for real estate owned in another state.  Moreover, living trusts are private (not public) documents and notice of the trust assets and accountings need to be given only to the interested parties.  Thanks for posting.  Hopefully readers will follow your advise.  Brigitte von Weiss, estate planning  and elder law attorney in Easton, MA.

 

Oct 20, 2014 09:31 AM
Kristin Hamilton CA REALTOR
Berkshire Hathaway California Realty - Beaumont, CA
(909) 557-6966- Specialize 55+ Communties Banning

Hi Brigitte,

Great advice and thanks for stopping to write this. I totally agree and my husband and I were going on a big trip and crossing the Pacific Ocean twice so we just wanted to make sure if we didn't get home from our cruise that our wishes were in writing and of course so the govt. wouldn't grab too much in estate taxes. My daughter is a corporate attorney in PA so I didn't want to leave her a mess. I am so impressed you do Elder Law as abuse is a big problem here in CA and probably other states too. You are my hero! Brigitte von Weiss 

Oct 20, 2014 12:50 PM