Wednesday, 30 April 2014

What Are Asset Protection Trusts?

By Tracie Knight


Trusts can be used whether you are considering managing your own assets or if you wish to gain control over how your assets will be handled on your death. You can make use of asset protection trusts to protect your professional and personal assets from creditors. It is a safe way to plan your goals regarding your wealth.

Trusts are regarded as legal entities which hold assets for the benefit of another entity. It contains three active parties. The trustor or grantor is the one who creates and funds the trust. The beneficiary is the one who will gain from it. The trustee administers it and is duty-bound to act in the best interests of the beneficiary.

This type of entity is formed by the raising of a legal document, called an agreement. The agreement stipulates the names of the trustee and the beneficiaries. Instructions stipulating what the beneficiaries will receive are included in the document. The list of trustee duties, the date it will end and all other stipulations are included in the document.

This entity can contain any asset, such as stocks, bonds, real estate. What you choose to put into the entity will be dependent on your goals for starting the deed. An example is if you want to form an entity that will be used for the payment of estate duties and taxes, or to provide financially for your family upon your death, you may choose to fund the trust with an insurance policy or real estate.

There are several reasons for the use of this type of entity. People use it to minimize taxes on their estate, to protect their assets from potential creditors and to preserve specific assets. It may be used to move certain assets to those who pay lower income taxes. You should consider asset protection if you want your assets to remain in your possession.

This type of entity is an irrevocable unit which will offer protection of your assets from creditors. To establish it, you have the right to transfer a range of assets to it. As soon as all the assets have been transferred, it gains protection from future debt collectors.

You will retain a level of control over all the assets you place in the entity. As the grantor, you are allowed by law to direct the way in which all assets are invested. You are able to gain income from it and can determine the distribution to third parties.

In order to offer protection to your assets, you may not have full control over all the assets listed. This does not mean that you will lose control over the economic benefits linked to the property that has been transferred.

You should consult an attorney to find out about the various types of entities. A trust which you refer to in your will is called a testamentary entity. You can make use of a living trust while you are alive. If you wish to have the facility to amend or cancel the entity, you will obtain a revocable version, or if you do not want this facility, an irrevocable entity. Your choice will be wholly dependent on what you currently require and may require in future.




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