Do I have to employ asset protection for all types of assets?
A trust is an incredibly valuable and versatile tool to accomplish many of your estate and business planning objectives. Basically, you create a separate legal entity that owns and administers property for the benefit of certain beneficiaries. One or more trustees are appointed to administer the trust pursuant to the document’s precise instructions. They must adhere to the instructions at the risk of being held personally liable.
That’s why trustees are called fiduciaries, because they are subject to a higher standard of care in exercising their duties. Because they are separate legal entities, they do not “die”. In fact, they can last up to 360 years in Florida!
Since they can own virtually any type of property, trusts ensure a smooth transition of family and/or business assets or wealth to subsequent generations while still exercising a fair amount of control over the property far beyond the time of death. Trusts are also employed in connection with estate and gift tax reduction strategies. Where they are relevant to everyone is how helpful they are in avoiding probate and avoiding guardianship, which as you now know, can be very time consuming, expensive, not private and dangerously unpredictable.
There are many types of trusts, with each having unique advantages and disadvantages. Some are excellent for simple estate planning. Others are useful for estate and gift tax planning. Still others can be used for current and deferred charitable giving. Finally, trusts are excellent vehicles to integrate into an asset protection plan, thereby taking advantage of both estate planning and asset protection techniques planning simultaneously. Given how powerful trusts can be, you have to ensure that they are carefully drafted. Small mistakes often have dangerously large consequences.
We strongly advise you to retain the services of an attorney that focuses exclusively on wills, trusts and estates, and avoid do-it-yourself products and services at all costs. The trust creator appoints trustees to administer the trust when he/she is unable or unwilling to continue serve in that capacity. Trustees are fiduciaries that must carry out the trust’s instructions or face personal liability for breaching their duty. This higher standard of care assures a higher level of accountability.
“Planning with Purpose,” Haimo Law (HaimoLaw.com) can help you plan for and protect your family andyour business’s interests for the immediate and long-term future. Together, we can take advantage of incredible tools and techniques that are available to you right now. Call us for wills, trusts, probate, asset protection and business planning. Haimo Law offers premium professional representation at an affordable price. Alternative fee arrangements are available upon request. We are reliable, approachable, honest, hard-working and attentive. Helping your family and business is our priority. We look forward to meeting and exceeding your expectations.
Barry E. Haimo, Esq.
Strategic Planning With Purpose
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