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Home » Will a Revocable Living Trust in Indianapolis Protect Family Wealth?

Will a Revocable Living Trust in Indianapolis Protect Family Wealth?

March 19, 2014Asset Protection, Estate Planning, Financial Planning, Living Trusts, Taxes, Wills and Trusts

There are different trusts that are used to accomplish varying objectives.  Sometimes people paint with a broad brush because they have a lack of information.  In this post we will look at revocable living trusts in Indianapolis and wealth preservation.

Revocable Living Trust in Indianapolis

A revocable living trust in Indianapolis is just that, revocable.  After you create the trust you are free to revoke or rescind it at any time.  Assets that you have conveyed into the trust would once again become your personal property.

In addition to the above, even if you keep the trust intact, you can act as the trustee and the beneficiary while you are alive.  You can direct investments, take distributions, and change the terms of the trust as you see fit.

This ongoing control is appealing on the one hand.  On the other hand, because of this control you do not gain some of the benefits that people may typically expect from trusts.

Assets that have been conveyed into a revocable living trust would be looked upon as part of your taxable estate by the Internal Revenue Service.  You are not protecting wealth from taxation by placing it into a revocable living trust.

In addition, assets that have been conveyed into a revocable living trust are not protected from claimants or creditors.

Given the fact that the trust will not protect assets, you may wonder where the value lies.

Revocable living trusts facilitate the transfer of assets outside of the legal process of probate. When you use a will rather than a trust to transfer assets, the estate must be probated before the heirs receive their inheritances.  This process can be quite time consuming and expensive.

Irrevocable Trusts in Indianapolis

There are trusts that will protect family wealth; these would be irrevocable trusts.

You surrender incidents of ownership when you create an irrevocable trust.  You don’t have that same control.  You cannot revoke the trust or make changes any way you see fit at any time.

Because you do relinquish personal control of the assets, resources that have been conveyed into this type of trust may be excluded from your taxable estate.  They may also be out of reach of litigants seeking redress.

For example, the irrevocable trust called a generation-skipping trust is frequently used to protect family wealth.

Wealth Preservation Consultation

If you want to preserve wealth for the benefit of your loved ones you have options.  We would be glad to provide you with a free consultation if you would like to learn about wealth preservation strategies.

You can get in touch through the contact page on our website if you want to schedule a consultation or ask a specific question about trusts or any other estate planning matter.

To learn more, please download the different benefits of revocable living trust report here for free.

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Paul A. Kraft, Estate Planning Attorney
Paul A. Kraft, Estate Planning Attorney
Paul Kraft is Co-Founder and the senior Principal of Frank & Kraft, one of the leading law firms in Indiana in the area of estate planning as well as business and tax planning.Mr. Kraft assists clients primarily in the areas of estate planning and administration, Medicaid planning, federal and state taxation, real estate and corporate law, bringing the added perspective of an accounting background to his work.Read More!
Paul A. Kraft, Estate Planning Attorney
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If you have children, your estate plan likely designates some or all your assets to be passed on to them in the event of your demise. This arrangement is intended to secure the familial continuity of the assets you've accrued over your lifetime. While that is certainly a lofty and admirable goal, have you considered the possibility that your adult child's spouse might end up with the assets intended for your child? To better explain, the Indianapolis attorneys at Frank & Kraft discuss how to safeguard your assets from being inherited by your child’s spouse. Potential Scenarios of Asset Transfer to Your Child's Spouse You may be excited to welcome your son or daughter-in-law into the family after you find out that a wedding is in the future. Even if you approve wholeheartedly of your child's chosen life partner, it doesn't necessarily mean you desire them to inherit the assets designated for your child. Marriage complicates matters regarding asset and property ownership. For instance, envision having an estate valued at $1 million and passing it down to your married son upon your demise, anticipating that the assets will eventually be passed on to your grandchildren. If your son undergoes a divorce, some or all the estate may be considered marital property subject to division. Additionally, if your son bequeaths his entire estate to his spouse in his Will, she could inherit the entire estate in the event of his death. In both scenarios, there's no assurance that your grandchildren will ultimately receive the estate assets. Utilizing a bloodline trust can be a strategy to address this concern. The Role of a Trust in Asset Protection A trust establishes a legal relationship where assets originally owned by one party are held by a Trustee for the benefit of a third party or parties. Created by a Settlor (also known as a Maker or Grantor), a trust involves the transfer of property to a Trustee appointed by the Settlor. Trusts are classified as either testamentary or living trusts. A testamentary trust comes into effect upon the Settlor's death, activated through a provision in the Settlor's Will. Conversely, a living trust takes effect once all legalities are in place and is administered during the Settlor's life, potentially continuing after their demise. A bloodline trust, a type of revocable trust, specifically ensures that assets remain within your bloodline. Establishing a Bloodline Trust for Asset Protection Upon creation, a bloodline trust can be funded with the assets and property intended for your child(ren). Upon your passing, the trust becomes irrevocable, safeguarding the assets from creditor access to satisfy debts. If your child faces a divorce, the trust's assets are considered separate property and are not subject to division. Upon the passing of the original beneficiaries (your children), any remaining trust assets are distributed to your grandchildren or other blood descendants. In summary, a bloodline trust guarantees that your child's spouse does not inherit your assets, ensuring that the assets remain within the family. Do You Questions about How to Safeguard Assets? For more information, please join us for an upcoming FREE seminar. If you have additions questions or concerns about the best way to safeguard your assets from being inherited by your child’s spouse, contact an experienced Indianapolis estate planning attorney at Frank & Kraft by calling (317) 684-1100 to schedule an appointment.
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