Why might you need to create a trust?

On Behalf of | Jan 22, 2019 | Firm News

Estate planning can be a complex process with many elements and moving parts to consider, but it is an important component of anyone’s life.

Trusts can be critical parts of estate planning for people with considerable assets who want to protect their legacies and provide for their families. These are complicated fiduciary entities, but they provide many benefits. Why might you need to create a trust as part of your estate plan? What are the advantages? 

Probate

One of the main reasons people choose to create trusts in their estate plans is because assets within a trust can avoid the probate process. This means the contents of a trust can be passed to the beneficiaries more efficiently and effectively.

A trust can also help your beneficiaries avoid paying estate taxes and other court fees.

Control and protection

Having control of your wealth and assets is another reason people elect to create trusts when estate planning. A trust allows a person to specify the terms of the transfer of their wealth. For example, people can dictate who receives their assets as well as what they should be used for. This is regulated by the trustee, so you can rest assured that your assets are in good hands.

Similarly, trusts protect your assets and wealth because of the control they award. Since you are in control of the terms, your wealth and assets are protected from a variety of threats. A well-crafted trust offers protection from creditors and irresponsible beneficiaries.

Privacy

Another reason people elect to create trusts is because of the privacy they provide. After you die, if your estate goes through probate, this is an extremely public process. Your assets and wealth will be a matter of public record. Having a trust allows your property and assets to pass by probate and stay private.

There are many types of trusts people can create in order to protect their wealth and provide for their families, all with a variety of benefits. Creating your estate plan is a complex process but creating a trust can make it worth the trouble.

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The Law Office of William C. Wombacher

Local: 309-674-8125
Fax: 309-674-8149

Commerce Bank Building
416 Main Street Suite 700
Peoria, IL 61602
NELF | National Elder Law Foundation
CAP | Council of Advanced Practitioners | NAELA | National Academy of Elder Law Attorneys, Inc.
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Illinois State Bar Association