Trusts can be an essential tool for estate planning purposes, and a trust can take any one of several different forms. The form you choose will vary based on the intentions and goals you have for your estate plan. The inheritors trust, for example, can be used to protect an inheritance if you’re expecting to receive one.
Why Use an Inheritor’s Trust?
This type of trust model can legally and financially protect a beneficiary’s inheritance, and as it’s set up, this trust will need to abide by a long list of tax and legal rules. Often, people who are receiving an inheritance would like to protect those assets from creditors, but there are a number of unethical and illegal ways of going about this. For example, in many states, it’s been declared illegal to set up something once called a “self-settled” trust, an irrevocable trust set up by the beneficiary that benefits him or herself at the expense of creditors and society. The rules preventing such actions make shielding inherited assets a bit complicated, but there are legitimate ways to do this, and the inheritors trust is one such method.
Inheritor’s Trust Explained
If the person who will leave you the intended inheritance chooses not to use a trust, you can establish an inheritor’s trust…but you can’t do this yourself. You will need to work together with your loved one to establish a trust that will become the recipient of the inheritance in your stead. This trust can include any number of stipulations and distribution schedules, and it may contain a spendthrift clause that will protect the assets against creditors. No matter what details and clauses the trust includes, your loved one will need to sign off on the document as the creator, with you as the beneficiary.
Here are a few of the benefits for this trust model:
- The inheritance can be excluded from your taxable estate, which can allow you and your family to sidestep estate taxes;
- The trust can reduce the overall cost of the process, since it prevents your loved one from needing to revise their existing plans;
- Upon your death, the inheritance will be distributed outside of your probate estate. This can ensure privacy and can reduce attorneys fees and administration costs;
- This trust protects the inheritance from creditors, lawsuits, and divorcing spouses;
- Though you are not the grantor of the trust, the inheritance can possibly be controlled by you, as a trustee; and
- You can decide how the assets will be distributed after your death if the trust allows.
An inheritor’s trust is a sophisticated estate planning tool that may be the best choice for anyone who expects to receive a large inheritance that may require asset and tax protection
Talk to an Estate Planning Professional
Mapping out an estate plan can seem like an intimidating process, but it’s also a necessary part of protecting your financial future and that of your loved ones. If you’re looking for ways to avoid estate and transfer taxes, the inheritors trust may be the right option for you.