A Guide on How to Create a Trust and Advantages of Hiring a Trust Attorney

May 24, 2022

Trusts and trust funds aren't just for the wealthy. Establishing a trust provides greater control over how your assets are transferred. A will transfers your property after you die, but a trust can be established only to disperse assets if certain requirements are met. After your passing, trust assets can move more smoothly to the recipients outside of the probate proceedings, which means ownership is less likely to be challenged than it would be with a will.

Establishing a trust can be simple; you can do it yourself by writing up the necessary legal documents. But the legalities and the process could quickly become overwhelming, which will necessitate the assistance of an estate planning and trust attorney. This post will address the nuances of a living trust and its establishment.

Why Should You Create a Trust in the First Place?

One motivation to create a living trust is to mitigate probate, which can prolong the time taken for anyone to obtain a deceased person's property and assets. Creating trust keeps information confidential, whereas a will inevitably becomes a public record.

Forming a trust for a minor is especially beneficial if you want to ensure that trust funds are used in the way you choose. Irrevocable trusts, which cannot be dissolved, can let you perform the following:

  • Reduce taxes, such as capital gains and estate taxes.
  • Maintain government assistance eligibility, such as Medicaid.
  • Make charitable donations while earning money.
  • Ensure asset security.

How to Create a Trust?

  • Determine How You Wish the Trust to be Established: You can either hire an estate planning professional or set up a trust on your own. If you want to set up an irrevocable trust, which should fulfill specific regulations to function appropriately, you'll probably need the help of a trust attorney. You can create a revocable trust by yourself, but there may be more chance for error if you don't possess legal expertise.
  • Draft Documents Associated With the Trust: A trust cannot be established without certain legal documents that outline how it functions. The bedrock of the trust is the trust deed or trust contract.
  • Sign the Contract and Have it Notarized: Most states mandate the trustee to have the trust agreement notarized, but it's wise to do so even if it's unnecessary. Notarization facilitates fraud prevention and guarantees the document's authenticity after the trustee passes away.
  • Create a Bank Account for the Trust: You'll need money to finance your trust, and the simplest method is to open a trust bank account. This is critical if you establish a trust fund that will distribute funds to your beneficiaries.
  • Transfer Resources to the Trust: It is not enough to simply mention the resources in the trust deed; you must also allocate them to the trust. The transfer method you use relies on the resource and how you control it.

Advantages of Hiring a Trust Lawyer

Collaborating with a trust attorney to form and organize your trust has numerous benefits. With the help of a trained legal professional, you can organize a living trust or use another trust option to ensure that your assets are dispersed according to your instructions.

During your conversation with the expert, you will discuss your perspective for dispersing your assets after your death, and the lawyer will build a strategy for paperwork that encompasses your objectives while remaining legally enforceable.

Final Thoughts

A trust and estate planning lawyer can help you with anything from a simple living trust to a whole estate plan. They will take a holistic perspective to estate planning to assist their clients in identifying their estate planning objectives. To understand more about the process, contact an expert.


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One comment on “A Guide on How to Create a Trust and Advantages of Hiring a Trust Attorney”

  1. My brother would like to hire an estate lawyer that will be able to help him create a trust fund for his kids so they won't face a probate case someday. Thank you for sharing that this may help reduce the taxes in the long run too. I also agree with you that a licensed lawyer must be considered for the job because this will avoid further errors.

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