When you invest capital inside of a trust, have you considered the duties that you owe to the trust as well as to the beneficiaries of the trust? Running afoul of these fiduciary duties can create issues and potential litigation in the future.

You might be receiving the income from a trust that was created for you by a deceased spouse. Have you considered how the corpus of the trust should be invested? Specifically, should these investments be aggressive or conservative; focused on producing income or growth? Of course, these investments are directed by the trust, and trust law will determine the income you receive. Has your current advisor reviewed your trust?

There are many different types of trusts, and they can be complex to set up and execute. Yet, a trust can be a very flexible and advantageous means to transfer your assets. Most trusts also provide current benefits, such as tax deferral and deductions. Unlike a will, a trust will avoid probate upon your death.

Probate is the potentially lengthy and costly legal process that oversees the transfer of your assets upon your death. If you do not create a will or set up a trust to transfer your property when you die, state law will determine what happens to your estate. This is called probate or “intestate.” Without a will or some other form of legal estate planning, there is the chance that some or all of your property may go to the state instead of to your family.

To learn more about trusts and how they may benefit you, please consult a qualified estate planning attorney who specializes in these matters.

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