Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Posted: 2/13/2017 9:45:29 AM EDT
Wife and I have been thinking about creating a family trust as a means to protect our assets.

We have a mortgage on a home, and an additional chunk of land we intend on building a modest lake home on in the future. The piece of land is owned and payed for.

We're wanting to protect these in the case of sudden loss of life, catastrophic Healthcare charges and any unforseen threat to our financial security.

Is a family trust the best option?

Thanks.
Link Posted: 2/13/2017 10:12:52 AM EDT
[#1]
Yes.
Link Posted: 2/13/2017 10:21:34 AM EDT
[#2]
Link Posted: 2/13/2017 11:03:21 AM EDT
[#3]
OP. Most likely. However you should really talk with a family attorney in your respective state. My father has had some but not all in trust for years. Recent call to family attorney to check for changes since trust was originaly set up reveled a need to make some changes. Most changes are legal speak in nature. However depending on exactly what changed there could be a change in status or ability to use to defer taxes upon your death.
Local Family attorney is needed to advise on best for your situation needs.
Link Posted: 2/13/2017 4:43:12 PM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Tag. This thread is relevant to my interests. Been thinking of setting up a trust for asset protection as well.
View Quote


Have you met with any LA attys yet?
Link Posted: 2/13/2017 6:06:07 PM EDT
[#5]
Link Posted: 2/13/2017 8:15:07 PM EDT
[#6]
Just because you have a trust is not the end of maintaining the trust. There are so many changes that occur each year, mostly minor, but every now and then there are major ones like inheritance dollar thresholds and tax structures that you need to keep on top of these or you will lose benefits or even worse, have invalidated trusts. With Trump and his coming tax proposals who knows where the law will be.
Link Posted: 2/14/2017 8:53:08 PM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Just because you have a trust is not the end of maintaining the trust. There are so many changes that occur each year, mostly minor, but every now and then there are major ones like inheritance dollar thresholds and tax structures that you need to keep on top of these or you will lose benefits or even worse, have invalidated trusts. With Trump and his coming tax proposals who knows where the law will be.
View Quote


I figured there would be maintenance, but did not think it would be burdensome.
Link Posted: 2/15/2017 12:49:12 PM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

I figured there would be maintenance, but did not think it would be burdensome.
View Quote


To answer your initial question:  yes, a trust can protect your assets and greatly simplified things (in most ways) when someone passes away.

If your family situation is complex and/or changes, then yes, you may have to modify some aspects of your trust if you didn't account for those situations/changes up front.

The real advantage of a trust (in addition to protecting your assets from certain types of attack) is that it allows your heir(s) to avoid probate with the assets in the trust.  You will still need to open/close probate, but there will typically be little to nothing affected by it.
Link Posted: 2/15/2017 1:04:20 PM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


To answer your initial question:  yes, a trust can protect your assets and greatly simplified things (in most ways) when someone passes away.

If your family situation is complex and/or changes, then yes, you may have to modify some aspects of your trust if you didn't account for those situations/changes up front.

The real advantage of a trust (in addition to protecting your assets from certain types of attack) is that it allows your heir(s) to avoid probate with the assets in the trust.  You will still need to open/close probate, but there will typically be little to nothing affected by it.
View Quote


This. Just went through it a few years ago with our farm moving down a generation. The process was simple and the trust helps  protect assets.

Depending on the uses of your land you may want to consider an LLC as well.   Edit: just saw you're building a home on it.
Link Posted: 2/15/2017 1:05:57 PM EDT
[#10]
Double tap.
Link Posted: 2/15/2017 3:05:25 PM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Waiting for a call back from my usual guy. Supposed to hear from him tomorrow.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:


Have you met with any LA attys yet?


Waiting for a call back from my usual guy. Supposed to hear from him tomorrow.


@zack3g Have you used him for estate planning in the past?
Link Posted: 2/15/2017 5:06:27 PM EDT
[#12]
Link Posted: 2/15/2017 6:17:59 PM EDT
[#13]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


He did my LLC for NFA stuff a few years back. He's a gun guy that occasionally shows up around here. He knows his stuff.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:


@zack3g Have you used him for estate planning in the past?


He did my LLC for NFA stuff a few years back. He's a gun guy that occasionally shows up around here. He knows his stuff.


cool!
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top