Trusts are invaluable tools in estate planning when it comes to securing your financial future and ensuring that your assets are handled according to your wishes. However, the intricacies of trusts and their tax implications can feel like deciphering a complex legal code. Fear not; we're here to demystify trusts and shed light on what your estate planning attorney wishes you knew. This article outlines trust basics, types of trusts for estate planning, and tax implications for 2023 and 2024.
Trusts are based on three elements: the legal document for the grantor/creator who funds the trust or transfers their assets, the trustee named to administer or manage the trust according to the terms, and beneficiaries to receive the assets once the grantor is gone.
Trusts are a go-to tool in estate planning. They serve different purposes for estate owners' planning, from college funds to keeping a beloved home in the family for generations. Let's walk through the fundamental types of trusts based on SmartAsset’s article, “Trust Tax Rates and Exemptions for 2023 and 2024.”
A trust can be revocable or irrevocable and is often used to avoid probate. The trust creator could also be the trustee and beneficiary to have access to and income from the trust. Revocable trusts are flexible and allow easy changes or cancellations. Irrevocable trusts are not easily changed or revoked but are most often used to exclude assets from an estate.
This straightforward trust model holds income-producing assets. All earned income, such as dividends, is distributed to beneficiaries without tapping into the principal. The one caveat with a simple trust is income distribution at least once a year or annually.
Offering more flexibility, a complex trust may retain some income, distribute principal, and allocate some funds to charitable causes. The trust's principal assets include real estate, investment-generating dividends, cars, bank account funds, and jewelry.
With the grantor maintaining control, this trust allows for more hands-on management of assets and tax responsibilities.
Trusts are not immune to paying taxes. Working with an estate planning attorney can help you implement the trust that best fits your intentions. Irrevocable trusts can shield assets from taxation. However, IRS rules are changing that.
Understanding these tax nuances can empower you to make informed decisions regarding your trust's financial management.
Embarking on the estate planning and trust management journey can be daunting, but you don't have to navigate these waters alone. Contact The Werner Law Firm living trust lawyers for a free consultation today. We can help you safeguard your assets and secure your financial legacy for generations to come.
If you have any questions, schedule a free appointment with us through our online appointment page.
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Reference: SmartAsset (Jan. 5, 2024) “Trust Tax Rates and Exemptions for 2023 and 2024.”
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