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Why Hire a Trusts Attorney?

If you’re considering establishing a trust to manage your assets and provide for your loved ones, hiring a trusts attorney can be essential in ensuring that your trust is set up correctly and meets your specific needs.

Why hire a lawyer?

A trusts lawyer can help you establish a legally enforceable trust that aligns with your wishes. It’s especially important to think about hiring an attorney if any of the following apply to you:

  • You want to ensure that your assets are managed according to your wishes after your death.
  • You have minor children or dependents and want to provide for their future.
  • You want to avoid probate.
  • You have a high net worth and want to minimize estate taxes.
  • You want to protect your assets from creditors or lawsuits.
  • You have beneficiaries with special needs and want to ensure they’re cared for without jeopardizing their benefits.
  • You want to establish a trust for charitable purposes.

In short, if you have minor children, a complex family situation, or a high net worth, you should consider hiring a trusts attorney.

What can a lawyer do for you?

A trusts attorney can help you create a trust by ensuring that all necessary documents are properly prepared and executed. An attorney’s responsibilities can include:

  • Drafting a trust document tailored to your specific needs and goals
  • Advising you on the different types of trusts, such as revocable, irrevocable, and special needs trusts
  • Ensuring that the trust complies with state laws and regulations
  • Assisting with the transfer of assets into the trust, and
  • Providing guidance on the rights and responsibilities of the trustee and beneficiaries.

An attorney can also advise on strategies to:

  • Minimize estate taxes and avoid probate
  • Protect assets from creditors and ensure they’re used for your intended purpose, and
  • Address any potential disputes among beneficiaries or family members.

Did you know?

According to a survey by the Caring.com, only 13% of respondents reported having a living trust, despite the fact that trusts can provide significant benefits in terms of asset management and estate planning.

Common Questions About Trusts

Trusts are legal arrangements that allow individuals to manage and distribute their assets according to their wishes, providing flexibility and protection for beneficiaries.

Q: Can a trusts attorney help me understand the different types of trusts?
Yes, a trusts attorney can explain the various types of trusts, including revocable, irrevocable, and special needs trusts, helping you choose the right one for your needs.
Q: Why should I have a trust?

Having a trust is essential for several reasons:

  • It allows you to specify how your assets should be managed and distributed after your death.
  • It can help avoid probate, making the distribution of assets faster and more efficient.
  • A trust can provide for minor children or dependents, ensuring their needs are met.
  • An irrevocable trust might help you avoid estate taxes if you have millions of dollars in assets.
Q: What's the purpose of a revocable trust?
A revocable trust is a legal document that allows you to retain control over your assets during your lifetime while specifying how they should be distributed after your death. You can modify or revoke the trust at any time, providing flexibility.
Q: What happens if I establish an irrevocable trust?
Unlike a revocable trust, an irrevocable trust can't be modified or revoked once it's established. You'll lose control of the funds in the trust—they can be distributed only per the terms of the trust. This type of trust often is used to avoid estate taxes and to protect assets from creditors, but it requires careful planning and consideration.
Q: What does it mean to fund a trust?
Funding a trust means transferring ownership of assets from yourself to the trust. Creating a trust document is the first step of establishing the trust. To complete the trust, you'll need to put property in it. A trusts attorney can help you transfer property into the trust.