📝

How to Set Up a Trust Fund

Jun 26, 2024

How to Set Up a Trust Fund

Introduction

  • Trust issues joke: Importance of setting up a trust fund.
  • Establishing a trust fund is simple and essential for everyone.

Why Start a Trust Fund?

  • Quote by Benjamin Franklin: "The only things certain in life are death and taxes".
  • Death is a critical reason to organize and manage your assets.
  • Common Misconception: Only rich people need trust funds.
  • Reality: Everyone should have a plan for their assets, regardless of wealth.
  • Trust funds help prevent family disputes over assets after death.

What is a Trust Fund?

  • A trust fund is a legal document deciding the fate of your assets after death.
  • Consider all your assets: Cars, home equity, bank accounts, retirement accounts, electronic devices, etc.
  • Revocable Living Trust: You can decide what happens to your property when you are no longer here.
    • Can give to children, donate, give to friends, or whomever you choose.

Consequences of Not Having a Trust or Will

  • The state decides how your property is distributed, which may cause disputes among heirs.
  • The risk of family conflicts increases without clear instructions.

Key Terms in a Trust Fund

  • Determine the Beneficiaries: Trust can be a beneficiary of rental property, primary home, investment accounts, businesses, etc.
  • Funding the Trust: Decide which assets the trust fund will manage.
  • Set Conditions: You can specify terms for inheritance (e.g., age, education, specific actions).
    • Example: Inheriting a business at age 30 with a degree.
    • Example: Receiving stocks after passing drug tests and completing therapy.

Creating the Legal Document

  • Two Options: DIY or hire an attorney.
    • DIY: Cheaper, using websites like lawdepot.com or nolo.com.
    • Attorney: Saves time, provides expert advice, possibly offering tips & tricks.

Appointing a Trustee

  • Role of the Trustee: Manages the trust and ensures assets are distributed per the trust's terms.
    • You are the trustee while alive.
    • After death, a primary beneficiary (e.g., spouse, oldest child) typically becomes the trustee.

Executing the Trust

  • Legal Execution: Trust must be signed in front of a public notary and a witness (cannot be a beneficiary).
    • Ensures the trust is legally binding and avoids biases in case of disputes.

Trust vs. Will

  • Both instruments: Ensure assets go where you want after death.
  • Request for More Information: Potential future video comparing trust funds and wills.

Conclusion

  • Encouragement to watch additional content for deeper understanding.
  • Reminder to discuss or comment for further video requests.