Ways That Trusts and Lawful Estate Planning Protect Your Property

Estate planning and trusts are all about planning, not only for your own future, but also the financial well-being of your family and loved ones after you're gone. However, the reality of life can often get in the way of a smooth transition - divorce, second marriages, step kids, long-term illness and other family changes make life and estate planning sometimes a little unpredictable.

Remember, protecting your wealth and the financial well-being of your family is about a lot more than simply splitting up your assets - it's about providing for your family members in a way that's responsible and speaks in detail to your situation. To learn more about how trusts can help you do that, read on.

Trusts are for Everyone

Many people make the assumption that estate planning and trusts are the domain of the incredibly rich or people looking to lower their inheritance tax. However, in the real world, that isn't accurate.

A trust is an incredibly versatile estate planning tool that allows you to address inheritance goals for your heirs - who may still be children, are disabled, are from a mixed family or answer difficult questions like who will manage your trust if you become incapacitated (a living trust).

How to Set Up a Trust

Setting up a trust will involve the assistance and services of an estate planning attorney. By consulting a legal professional, this person can help you create a trust that speaks to your specific family needs. For these services, you'll likely pay between $1500 to $5000. Some trust costs are based on a percentage of the total estate value.

Setting up Trusts for Children

Typically, when a child inherits, the money is placed in a custodial bank account and held until he or she turns 18 or 21. Of course, giving a young person access to a large amount of money at the age of 18, or even 21, can be both dangerous and detrimental to their long-term financial health if they lack maturity or sufficient financial wisdom.

Instead, a well-set-up trust for minors will not only hold the assets until the child comes of age, but it also allows you to stipulate at what age they may receive the funds, whether those funds will be given at once or in installments and how the inheritance can be used. For example, many people stipulate that trust funds must be used for expenses associated with education until the child turns 25.

Trusts for People with Special Needs

If you are caring for a child or a dependent with special needs (mental or physical) whom you expect to outlive you, then setting up an inheritance trust should be a critical part of your estate planning. It's also important to ensure the trust is not set up as an income source as this can interfere with Social Security and Medicaid benefits.

Instead, a special-needs trust will protect your heir's eligibility for financial assistance, but continue to provide support. It will also legally protect the inheritance from potential squandering or mismanagement.

In short, estate planning and trusts can help address a number of familial issues, but don't ignore your own inevitable mortality and leave such planning until it's too late.