A revocable living trust can be an efficient way to transfer assets to your beneficiaries. It is revocable and amendable at any time. So as your needs and life situation change, your revocable living trust can change with you.
In this section you will learn about:
- What a revocable living trust is
- How a revocable living trust can benefit you
- The importance of naming a successor trustee
- How a revocable living trust can be an efficient way to transfer assets to your beneficiaries
There are four important parties involved in a trust:
- A grantor who creates and funds the trust
- A trustee who manages the trust
- A successor trustee to take over when the trustee becomes incapacitated, dies, or no longer wants to handle the day-to-day duties of a trustee
- Beneficiaries who receive assets from the trust. You may be the primary beneficiary during your lifetime. After death, your directions control how and when beneficiaries receive income or assets through the terms of your trust
When you set up a living trust, you transfer assets from your name to the name of the trust. This is called funding the trust.
When you change the titling of your assets from your name to the name of the trust, you still control the assets through the terms of your trust.
If you name yourself as trustee, you can buy, sell, and use assets just as you did prior to establishing the trust. And since it is revocable, you can also amend or revoke the trust at any time.
After you die, assets can either be distributed outright to beneficiaries or stay in your trust until your trust terms allow distributions to your beneficiaries. You can transfer assets in installments, set age limits for distributions, or give your successor trustee the ability to make distributions based on your beneficiaries' needs. This can help protect your assets from spend-thrift heirs or their creditors, keep the assets under professional management, and help provide for your family over generations.
Revocable living trust assets avoid the probate process, because those assets are legally owned by a trust, not individually. In contrast to probate, which is a public proceeding, the settlement of your trust is not part of public record so you have greater privacy.
Unlike a will, a living trust can also provide for management of your assets should you become incapacitated. This is accomplished by naming a successor trustee in your document.
A revocable living trust with you as trustee is not considered a separate taxable entity. Therefore, the trust does not require a separate taxpayer identification number; you simply report all income using your own social security number.
A revocable living trust can be an important part of an overall estate plan and provides several estate planning opportunities, including:
- Providing for yourself during your lifetime and for continued investment management should you become incapacitated
- Ensuring that your spouse or partner can be supported by family assets during his or her lifetime, if applicable
- Specifying the amount, manner and timing of assets to be distributed to young or financially unsophisticated beneficiaries
- Providing for a spouse, partner, or dependents with special needs
Your Financial Advisor can provide you with more details about setting up a revocable living trust. You should work with a qualified local attorney to help you decide whether a revocable trust is appropriate for you and to draft and execute your trust.
Choosing a trustee
One of the most important decisions to make when establishing a trust is deciding who shall be trustee and who shall be the successor trustee.
You can name yourself trustee and retain control over the trust, its terms and assets, but you should include provisions for a successor trustee to manage the trust if you become incapacitated, die, or resign as trustee. The successor trustee will be the person or entity charged with making sure the terms of your trust are followed.
Often, spouses, partners, or family members are named to fill the role of successor trustee. However, you may want to consider a corporate trustee, such as a trust company, as successor. Naming a corporate successor trustee provides some assurance that the position of trustee will always be filled without requiring court intervention. And if you simply don't want the responsibilities of serving as a trustee – and don't want to impose that burden on your spouse, partner or family members – a corporate trustee can be named to serve immediately.
You may also name an institution and your partner, spouse, or relative as co-trustees. The co-trustees act together in administering the trust according to your directions.
You will learn more about what to consider when choosing a trustee below.
A trust is only as effective as the trustee who administers and manages it. Many people name themselves as the initial trustee when they create a revocable living trust.
You will need to name a successor trustee who can step in when needed, and take over the administration of the trust with no interruption, no court supervision, and no publicity.
A successor trustee steps in to manage your trust when you die, become incapacitated, or simply decide to step down as trustee to spend time on other matters.
In this section you will learn about the responsibilities of a trustee, choosing your trustee wisely, and the benefits of a corporate trustee.
A successor trustee has many responsibilities, including, safekeeping assets for you and other beneficiaries —paying bills, establishing an investment strategy, filing tax returns, and making distributions to beneficiaries.
Naturally as your estate grows more complex, so too will the duties you require from your trustee. Duties such as making decisions about discretionary distributions and beneficiaries' requests for money.
Your spouse, partner, friends, family, or close associates may first come to mind when you consider naming a successor trustee.
Initially, the title "trustee" may seem like an honor, but you need to ask yourself the following questions:
- Is the person I have in mind capable of making sound investment decisions, distributing income or principal according to the trust's terms, making tax decisions, filing tax returns, and keeping accurate records?
- Does he or she have the time to adequately fulfill the duties of a trustee?
- Will this person be able to communicate effectively with the beneficiaries?
- Is it possible that the selection of any specific individual over another could lead to tension or disharmony?
- Is there a capable successor if an individual trustee predeceases you or becomes unwilling or unable to fulfill the responsibilities?
If the answers to these questions create concerns for you, you may want to consider a corporate trustee as successor or co-trustee. A corporate trustee has a professional staff that deals with managing trusts on a daily basis assuring the professional management of your assets.
You no longer have to worry about an individual predeceasing you — and perhaps creating the need for court intervention to appoint a new trustee. Nor do you have to worry about trust duties being a burden to your spouse, partner, family, or friends. If beneficiaries disagree over finances, having an impartial trustee may be beneficial to maintaining harmony.
You may also consider naming your partner, spouse, a family member, or trusted advisor to be a co-trustee with a corporate trustee. Co-trustees act together in administering the trust according to your directions. The individual selected will be able to have a voice in the administration of the trust without being burdened by the day-to-day duties. While the individual brings to the table an intimate knowledge of the other beneficiaries and your wishes, the corporate trustee brings the combined expertise of its trust professionals and the experience gained from years in the business. The provisions of your document will be implemented without personal or institutional bias, which may help maintain harmony.
Discuss the choice of trustee or co-trustee with your attorney to help determine what may be best for your estate plan.
This concludes the BASIC PLANNING section. If your estate is valued in excess of $5,450,000, please continue on to the ADVANCED PLANNING section.