Tag: trusts

How Could SLATs Be The Best Planning Tool For You?

Do you and your spouse have a Florida estate plan?  Are you wondering if a Spousal Lifetime Access Trust, commonly referred to as a “SLAT,” is an estate planning tool that you should add to your estate plan? Are you aware that SLATs will allow you to remove up to $11.6 million from your estate and place it in an irrevocable trust for your spouse? Your spouse will then be able to use and access these funds during his or her lifetime.  You need to know that one of the primary benefits of a SLAT is that it allows your spouse to use distributions from the irrevocable trust while you are both living while simultaneously avoiding the estate tax and isolating those assets from creditors.

With a SLAT, however, there are a few precautions you should consider taking in order to obtain the estate planning and asset protection benefits of a SLAT. To begin, you should be sure that there is no express or implied agreement that the party gifting the assets in the trust will get those assets back. It should be clear that the assets in the trust will not be returned to the grantor or the trust will not be viewed as “irrevocable.” Next, the SLAT should not allow the funds in the trust to be used to pay the creditors of the grantor. Be mindful that if the trust allows for such payments, it may not qualify as a SLAT and there may be resulting tax consequences.  Lastly, even though the beneficiary of SLATs cannot agree to return the funds to the grantor, the beneficiary can distribute the funds to their children, which will allow the assets to remain in the family if the beneficiary spouse should pass away while the trust remains funded.

We would highly recommend that you see your Florida estate planning attorney to find out if you and your family would benefit from a SLAT. Your Florida estate planning attorney can review your finances and your estate planning goals to help make recommendations regarding the best estate planning vehicles, including SLATs, to preserve your assets for your family and minimize any adverse tax consequences.

Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

Three Reasons Why Trusts Fail

Are you contemplating adding a trust to your Florida estate plan? Trusts are a useful estate planning instrument: To keep an estate out of probate. For tax planning purposes. For long-term care planning by structuring a person’s assets in a way that makes him or her eligible for Medicaid to cover the expense of a nursing home. Unfortunately, though, trusts can also fail. We would like to share with you three reasons why a trust may fail.

1. The trust was never funded. Working with your Florida estate planning attorney and creating a trust is a lot of work. Equally important is signing the trust and making it legal. However, there is one more very important step, the trust must be funded. All of the assets described in the trust must be moved into the trust in order for the trust to be funded. This means that the trust must hold title to all of your assets. This involves changing the deed on your home, the title to cars, boats, RV’s, the ownership of bank accounts and stock certificates intended to be transferred into the trust. Funding a trust can be a critical step in properly establishing a trust, but it is also one that may be overlooked. If the trust is not funded, the trust’s beneficiaries may find that they will receive nothing from the trust.

2. The beneficiaries were never updated. Once you have completed your trust, you do not just place it in a drawer or safety deposit box and forget it. A trust should be reviewed and if necessary updated whenever there is a significant life change, such as the birth or death of a loved one, a divorce or a remarriage, or even the death of your trustor. All of these life events can impact who inherits from your estate.

3. The trust was never updated to reflect current law. You need to be aware that the laws on trust and estates can change. In fact, your trust may have been drafted under one set of laws, but more importantly, there may be new or updated laws at the time of your passing, which have the potential to invalidate portions of your trust. Your best solution to this problem is to work with your Florida estate planning attorney. She can provide periodic bulletins regarding significant changes in the law, which can alert you to the need to have your trust revised. It is vital that everyone have their trust reviewed periodically by their estate planning attorney to assure that it is supported by current law.

With good planning, trusts can be one of the most useful estate planning instruments. Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

Are You Worried About Florida Probate? Here Is How To Avoid It

Do you want to have your estate avoid probate when you pass away? Have you recently created your last will and testament, but worried that your estate may still have to be probated? Are you planning for your estate to not go through probate when you pass away because you have a Florida last will and testament? First, having a Florida will in place is excellent. However, the fact that you have a will does not, by itself, allow your estate to avoid probate. Let us share some information with you.

You should consider other estate planning tools if you want to keep your assets out of probate. Your Florida will is a set of instructions for your personal representative. Your will lets your personal representative know how to distribute all of your assets, which may include a house, a vehicle, bank or brokerage accounts or personal items. However, even though you have written down instructions in your will it does not change the fact that the assets may be subject to probate. Your personal representative will be required to probate your will, and this could possibly take time and money from your estate.

You might want to consider putting your assets into a trust if you are worried about probate. By meeting with your Florida estate planning attorney she may advise you that a revocable trust could be a good way to avoid putting your estate through probate. Now that you have created your revocable trust and put your assets into the trust, your work may not be done if you want your estate to avoid probate. Unfortunately, you may not always be set at this point. If there are any changes in your assets, they must be reflected in your trust. For example, you may sell some assets, acquire some assets but forget to put your new assets into your trust. Be aware that only the assets in your trust will avoid probate. Any other assets you may have acquired but forgot to put into the trust will have to go through probate.

You must be careful to not have any information in your will and in your trust that does not match. If the information in your will does not match the terms of your trust document, then your trust document may prevail. If there are any inconsistencies they may have to be reviewed by a probate court.

Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

3 Ideas for Including a Pet Trust in Your Florida Estate Plan

Do you have a pet or pets? You know how hard it is when the pet you have loved and cared for and who has been with you for a long time passes away. However, It may be very possible that your pet will outlive you. Are you an aging adult or do you have a pet that has a longer than average lifespan? You may want to consider a pet trust to ensure your pet is cared for after you are gone. We would like to share with you more about a pet trust and give you three A, B, C, thoughts to consider in regard to a pet trust being in your estate plan.

1. Aim for the right caregiver. You know your pet best. When you set up your pet trust, you will be able to name the right person to care for your pet. Now, your adult child may feel it would be his or her responsibility to take your pet. However, your adult child does not have the right circumstances at home to do so, perhaps because of having very young children or already having pets of his or her own. By choosing a different friend or relative you can ease the pressure on your adult child and it gives you the chance to make that choice yourself, rather than having it be decided under stressful circumstances later on.

2. Be sure to provide financial support for your pet. In most states, when you create a pet trust, you are permitted to instruct the trustee, the person in charge of handling the money in the trust, to make distributions to your pet’s caregiver on a monthly or annual basis. This can be done for either the remainder of your pet’s life or for 21 years, whichever is shorter. In some states, the cut-off is simply for the remainder of your pet’s life. This can be an important point if you have a less common type of pet, like a bird or lizard, who could live beyond 21 years after your death because their breed has a longer-than-average lifespan.

3. Comfort of your pet is important. Like many humans, your pet may have special medical needs, or personal preferences. You are allowed to put as many specific instructions as you wish into a pet trust. For example, you can state that the pet needs to see a certain veterinarian, for as long as that person is practicing, or that the pet needs to be seen two, three, or four times per year. You can also leave funds for a more expensive brand of food if your pet needs that brand. This can be important for many pet owners who want their companion to be comfortable after they are gone.

Are you interested in establishing a pet trust? Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

What are the Different Types of Trusts to Use in Estate Planning?

Trusts are an estate planning tool created for the management of assets, both during your life and after your death. Are there different types of trusts to use in estate planning? Yes, there are several types. They can, however, be divided into a couple of categories, which may make them much easier to understand. 

First of all, trusts can be either living or testamentary. Living trusts, also known as inter vivos trusts, are created while the trustor is still living. There are also testamentary trusts, which are created by a trustor after his or her death. 

Secondly, trusts are either revocable or irrevocable. In simplest terms, this speaks to whether or not they can be changed or revoked after they are created. There can be important legal implications of choosing between revocable or irrevocable. 

A revocable trust is created by a trustor, who also remains as the beneficiary until his or her passing, and then passes onto the successor trustee and beneficiaries. The easiest way to envision a revocable trust may be one created by a married couple, who remain as both co-trustors and co-beneficiaries until their passing and then, an adult child becomes the successor trustee and their other children, and possibly grandchildren, become the successor beneficiaries. A revocable trust can be revoked or changed at any time prior to the original trustor’s death. Accordingly, there are no tax benefits. Essentially, the revocable trust can function as a means of distributing assets to beneficiaries while avoiding the timely and costly probate process. 

As the name implies, once an irrevocable trust is created it cannot be changed, except under rather limited circumstances. Once the assets are transferred to the trust, they are no longer considered to be the property of the trustor, but rather, are the property of the trust. The benefits include limiting or eliminating both income and estate tax and usually the trust property cannot be reached by the trustor’s creditors. Another key draw of the irrevocable trust may be because the assets of the trust are no longer the property of the trustor, they are not considered, when determining the trustor’s eligibility for government programs, such as Medicaid, which can make them an integral tool in long-term care planning. Along the same lines, a special needs trust, which is most typically created to provide for an adult disabled child following the passing of their parents is most usually irrevocable, assuring the disabled child remains eligible for government programs. 

Now that you have an understanding of the fundamentals of trusts, it is a great time to meet with an estate planning attorney to discuss how best to meet your estate planning goals. Do you have questions? Please contact our law practice to learn more. We are here for you. Elder and Estate Planning Attorneys PA is a law office small enough to provide personal service but large enough to provide service in Palm Beach, Martin, St. Lucie and Indian River Counties.

How a family gifting trust can help shelter wealth and avoid taxes

There’s an old saying it’s better to give than receive, but did you know there’s a way to continue giving to your family even after you’re gone? A family gifting trust gives you the ability to shelter wealth over multiple generations while providing tax avoidance. The trust protects your assets from the ever changing estate and gift tax laws.

It also protects your wealth from risk created by your divorce, actions taken against your will by in-laws, an heirs divorce, or a deceased heir’s spouse who elects to take action against the heir’s will says Anne’ Desormier-Cartwright.

The family gifting trust takes advantage of annual gifting tax laws to distribute your wealth among many family members during your lifetime. After your death, the trust distributes wealth on a preferential basis to beneficiary groups. Elder and Estate planning attorneys PA is a law office small enough to provide personal service but large enough to handle all of your estate and planning needs.

How a Charitable Lead Trust may help in building your estate plan.

When planning your estate plan and deciding how best to protect your wealth from taxes you should consider the Charitable Lead Trust

The trust is useful for philanthropic endeavors, where charitable gifts are periodically given. Generally, a gift occurs upon creation of the trust and a significant income tax deduction is available in the year the trust is created, with the unused portion carried forward for five years in some cases.

“The Charitable Lead Trust also enhances your ability to transfer wealth to your children and grandchildren without incurring a gift or estate tax.” says Anne Desormier-Cartwright, of Elder and Estate Planning Attorneys, PA.

Control of the principal investment assets may be retained, and the trust may be created before or at death.

Elder and Estate Planning Attorneys PA is a law office small enough to provide personal service but large enough to handle all of your estate and planning needs.

Special Needs Trusts

Individuals with special needs often face much greater challenges compared to those without special needs. Quality of life can be compromised and added expenses may come into play. These individuals frequently rely on public benefits to help them to meet these costs. But the benefits often fail to meet all the needs of the disabled person. A special needs trust can help bridge the gap between public benefits and what the person really needs. The trust is specifically identified to meet certain supplemental needs and the enhance the quality of life for the beneficiary. The special needs person. Most importantly, the special needs trust is created so as not to disqualify the beneficiary for public benefits being received. Says Anne Desormier-Cartwright, of Elder and Estate Planning Attorneys, PA. A special needs attorney is essential for determining the right type of trust and how to construct it so a special needs person gets every benefit they’re entitled to. Elder and Estate Planning Attorneys PA is a law office small enough to provide personal service but large enough to handle all of your estate and planning needs.