亚当Keilen
我应该申请信托吗? The short answer – it depends. There are several factors to consider; primarily, trusts help clients avoid probate (saving time and money), thereby privately distributing assets upon the grantor’s death. However, not everyone needs a trust. Consider the following factors:
- How much of your estate will bypass probate? One of the main advantages of a living trust is being able to bypass the time and cost of probate (“probate,” definition: generally, assets are transferred from the decedent to the heirs; it is the process of administering an estate through the courts, a process that can take several months or years and can easily cost thousands of dollars). However, not all assets are subject to probate. 例如, exemptions apply to jointly owned assets with rights of survivorship and assets with designated beneficiary forms, 比如年金, 人寿保险, and retirement accounts. 也, 好几个州, 比如密歇根, allow bank accounts to be “payable on death,或“POD”,” so beneficiaries can merely produce a death certificate and valid ID to access the account. Michigan also allows stocks and bonds to transfer-on-death (“TOD,” or “TOD” registration for securities).
- How expensive is probate? The short answer – again, it depends. 在某些情况下, probate can easily add up to tens of thousands of dollars; in such cases, a trust is of course cheaper than going through probate. Talk with your estate planning attorney to get a better idea.
- 房地产. Owning substantial real estate can always be a good reason to set up a trust. If you own out-of-state property, the property will have to go through that state’s probate process with all the associated costs. Property owned in other countries adds another layer of complexity.
- Privacy – public disclosure. 除了 to the time and cost of probate, when a probate estate/will plan is administered, 它变得公开了. A trust can protect your privacy with respect to the division of assets and related distribution matters – the distribution is done privately, and does not become public record.
- 未成年人-特殊需要. Another common reason to have a trust is to provide support for minors (your children) or to provide support for a loved one who may never be able to manage the assets themselves (spendthrift or special needs); notably, 在某些情况下, providing inheritance assets can inadvertently disqualify special needs individuals from government support programs, so a special needs trust is a good option in such cases.
- Family discord; other goals. A trust also provides for a simple distribution of the assets, minimizing family discord. 除了, incentives for loved ones can be included; for example, additional payments to heirs for getting a college degree or starting a new business/etc.
- 应税遗产. If you have a taxable estate, 超过5美元,430,000(截至2015年), talk with an estate planning attorney to develop strategies that prevent the liquidation of a business or other significant assets.
最终, if you are considering a trust, talk with a qualified estate planning lawyer who can help you analyze and explore your options.