Family Trusts

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Commonly Asked Questions about Family Trusts

What is the main purpose of a family trust?

A family trust aims to: Avoid probate by transferring asset ownership to the trust, which passes directly to beneficiaries upon death. This saves time, expenses, and public disclosure. Minimize estate taxes by fully utilizing gift and estate tax exemptions.

What is the primary purpose of a trust?

The primary purpose of a trust is to: allow one party to hold property for the benefit of another party. designate heirs to an estate. reduce estate taxes for the heirs of an estate.

What is the downside of a family trust?

What Are the Disadvantages of a Trust in California? Trusts are costly to create. Creating a trust without an attorney may be less expensive, but doing so leaves the trust much more vulnerable to trust contests and other legal litigation. It is also more time-consuming to properly set up a trust than to create a will.

What are the risks of a family trust?

Disadvantages of Family Trusts If you continue to treat the assets as your own, any trust could be open to challenge as a sham. Additional administration If you establish a trust, you need to allow for the time and cost involved with meeting the trusts annual accounting and administrative requirements.

What is the disadvantage of a family trust?

The disadvantages of a family trust are all about expenses. Funding the trust requires you to transfer the title of the assets held in the trust. You must prepare and submit legal documents, which the court charges a fee to process.

Is it a good idea to set up a family trust?

A Family Trust can be a good idea if you want to put something in place to care for your loved ones, and your legacy (even when youre no longer around to care for them yourself).

What is the difference between a family trust and a regular trust?

If the ultimate beneficiaries of the Living Trust are family members of the person who created the trust, the trust will often be referred to as a Family Trust. If those beneficiaries include friends, charities, or other non-family members, then the trust is typically called a Living Trust.

What are the benefits of a family trust?

Family trusts can protect assets if members were to go through crisis states, such as bankruptcy or divorce. The trustee typically has discretionary powers (that is a choice about how, for example, distributions of capital and income of the trust are made).