03/30/2022
The second portion of our mini-series covers Trusts!
A Trust is a vehicle by which a person can relinquish their property rights to the Trust yet still retain a measure of control over that property. Unlike a Will, a Trust is considered a non-probate device, meaning that it will not need to be filed in court to administer the estate. There are many different specific types of Trusts and they can be tailored to each individual’s goals.
However, they all fall within two categories. They are either Living Trusts, which are made during the creator’s lifetime, or Testamentary Trusts, which are created in a Will after the creator’s death. Living Trusts are further broken down into Revocable and Irrevocable Trusts. Revocable Trusts can be freely modified after their creation by the creator but Irrevocable Trusts cannot be modified.
Typically, there are three main groupings or types of persons involved in a Trust. First, the person establishing the Trust is known as the Testator or Settlor. Second, this person names another person or entity, called a Trustee, to manage the Trust. Third, the Settlor also names recipients Trust, called Beneficiaries.
The same person might be solely in two of these groups, but a person cannot solely be in all three because they have not truly relinquished any property rights.
Trusts can be an important part of an estate plan but can quickly become complex. If you or anyone you know is interested in establishing a customized Trust then email us to schedule an appointment today!