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Commonly Asked Questions about US Legal Trusts

A trust is a fiduciary1 relationship in which one party (the Grantor) gives a second party2 (the Trustee) the right to hold title to property or assets for the benefit of a third party (the Beneficiary).
A trust helps an estate avoid taxes and probate. It can protect assets from creditors and dictate the terms of inheritance for beneficiaries. The disadvantages of trusts are that they require time and money to create, and they cannot be easily revoked.
A trust is not a legal person; it is a relationship. The persons in the trust relationship are: settlor. trustees.
While establishing a trust can be more expensive and time-consuming than establishing a will, trusts offer several potential benefits, including: Avoiding probate, simplifying and speeding up the distribution of your assets.
Trusts can be broadly categorized into four main types: Living Trusts, Testamentary Trusts, Revocable Trusts, and Irrevocable Trusts.
What Are the Disadvantages of a Trust? Loss of Control. Setting up the trust necessitates you giving up some amount of control of the assets you place within the trust. Loss of Asset Access. Cost. Recordkeeping Complexity. High Need for Competency.
Probate avoidance is the only goal. While this is an admirable goal, a trust may not be the only way to avoid probate. You have straightforward wishes. Youre motivated by tax savings or Medicaid eligibility. Youre not great at follow-through.
Disadvantages include: Potential subject to income or federal estate taxes. Possible challenges on validity and probate processes. Becoming public records accessible to anyone.