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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.
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