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Sep 19, 2007 01:20 PM
Nuts and Bolts of Revocable Living Trusts
Creating and Funding A Revocable Living Trust (Trust) is a legal document created by you with the help of your estate-planning attorney. Your Trust names beneficiaries both during your lifetime and upon your death. It can manage assets during your lifetime and during periods of illness as well as disburse assets to selected beneficiaries upon your death. And, a Trust can also be used to provide benefits to others after your death. In creating a trust, you will need to select your trustees. The trustees are responsible for managing your Trust through its various stages. Initially you can name yourself as a trustee, but when you become ill or die, another trustee must be named to take over the role of managing the Trust assets and carrying out your wishes. Your attorney can help in the Trustee selection process. You can name individuals and/or Corporate Trustees such as a financial institution to be your back-up Trustee(s). Please remember that a Revocable Living Trust can be changed and even revoked during your lifetime so you are not locked into your decisions – they can be changed by you at any time. Next, you need to fund the Trust, which involves changing the titling of your assets from your sole and/or joint names to the name of your Trust. This is a vital step because your Trust document can only control assets that are titled in its name. Many times, people forget to properly fund their Trust and when they die, their Trust is only partially funded or even worse, there is no funding whatsoever. Managing Your Trust During Your Lifetime While you are in good health, managing your Trust is similar to the management of your individual assets. You will most likely be the trustee or a co-trustee so you will be responsible for making decisions such as opening Trust accounts, choosing investments, closing accounts, paying bills, etc. You will use your social security number as the Tax Identification Number so if the Trust makes money, it will be reported as your income and you will pay taxes on the interest, dividends and capital gains just as you would with an individual account. If you become ill, the Trust will have a clause in the document that discusses how your successor (back-up) trustee will step in to take over the role of managing the Trust assets for your benefit during your illness. This is a very important part of the Trust and should be discussed carefully with your attorney. There are different ways to make this transition. For instance, you can name the back-up trustee as your co-trustee from day one so that they could act immediately at any time. Or, you can require a doctor to state that you are unable to handle your affairs and then the successor trustee takes over. Make sure that you understand how this transition will take place and that you are comfortable with the language in the document. Summary A Revocable Living Trust is a complex and flexible estate planning tool that can help you manage your assets during your lifetime, illness, and death. To make sure your Trust works as you wish, it is important to work with a professional attorney who specializes in estate planning and trusts. In addition, Sandy Spring Bank’s Trust Department is staffed with professionals who understand Revocable Living Trusts and can help you and/or your trustees. If you need help with your existing Trust or are concerned that your successor trustees may need help handling their role, please contact me and I can show you the various programs the Bank has to help you accomplish all of your goals and objectives efficiently and effectively. I can be reached at 301-785-4112 or at pfish@sandyspringbank.com. Philip W.S. FishCertified Financial PlannerSandy Spring Bank |
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