Blog | Maryland Family Law Resources | Z Family Law

➡️Top Priority: Discovering A Trust

Written by Z Family Law | Jul 8, 2024 3:00:00 PM

What is a Trust?

A trust is a legal entity that allows a grantor, the creator of the trust, to transfer property to an account and outline how that property should be managed and distributed by a trustee. It's often used in estate planning, financial planning, and asset management, requiring careful planning and legal guidance to establish and manage correctly. A trustee, appointed by the grantor, holds and manages the assets for the beneficiary. Trust property can include cash, real estate, sentimental items, stocks, bonds, and more. 

 

Establishing a trust ensures that your assets are distributed according to your wishes, protected against creditors, managed properly, and kept private, providing peace of mind and security for your beneficiaries.

How is it Different from a Will?

A will is a legal document that provides instructions on how to distribute a grantor’s property to beneficiaries after death. In contrast, a trust can protect and provide instructions on how to distribute a grantor’s assets both during their lifetime and after their death. Trusts bypass probate, unlike wills, which can go through probate and become public records.

 

Benefits of a Trust

Control Over Assets: Allows the grantor to specify how and when assets are distributed to beneficiaries.
Privacy: Trusts are private arrangements and do not go through probate.
Tax Reduction: Tax reduction: Can help reduce federal or state taxes.
Protection of Assets: Can shield assets from creditors and legal claims.
Management of Assets: It is possible to utilize a trust to obtain professional management of assets.

 

Types of Trusts

Revocable Trust 

The terms of a revocable trust can be altered or revoked by the grantor during their lifetime. It often becomes irrevocable upon the grantor's death.

Irrevocable Trust 

Once an irrevocable trust is established, the grantor cannot amend or revoke the terms. Irrevocable trusts are commonly used for tax planning and asset protection.

Living Trust

A living trust is established during the grantor's lifetime and can be either revocable or irrevocable.


Testamentary Trust

A testamentary trust is formulated according to the grantor’s last will and takes effect after the grantor’s death. The terms of this trust can be altered before the grantor dies by updating their will. 

 

In Conclusion

In conclusion, a trust is a legal tool that offers benefits for estate planning, financial planning, and asset management. It allows you to ensure that your assets are distributed according to your wishes, protected against creditors, managed properly, and kept private. To fully leverage the benefits of a trust, it is crucial to engage in careful planning and seek legal guidance to ensure it is established and managed correctly. Take the first step towards securing your future and protecting your loved ones by contacting Z Family Law at (301) 781-7930 to discuss how a trust can benefit you.