Family Money: How To Start A Trust Fund

Posted by Stephanie Snyder on May 26th, 2021

Furthermore, it can assist you in preventing probate and lengthy court cases that involve high estate taxes and piles of paperwork. Here is what you should recognize when you are planning to start a trust fund.

Choose the Right Kind of Trust

The initial step involved in setting up a trust fund is identifying what type of trust you would like to have and its purpose. Types of trust funds include revocable, irrevocable, testamentary, and living trusts. In addition, trusts can be classified according to their specific function, where use is restricted. For instance, education trust funds cover educational expenses while charity trusts allocate funds to charitable organizations.

You can look for a certified financial advisor to help you identify the type of trust to invest in and designate its purpose.

Outline the Essential Details

Each trust fund, irrespective of the type, should have at least the following four components: a grantor, asset, beneficiary, and trustee. A grantor is an individual who creates a trust fund that will manage their wealth or assets. These assets come in the form of property, businesses, or liquid money in banks. The beneficiaries are the individuals set to benefit from the trust fund you are creating.

The trustee is an appointed individual to who the grantor gives the authority to carry out the wishes laid out in the trust fund. You can select a trustee and successor trustee while still alive. The trustee, upon your passing, shall fulfill all the demands in your trust fund. Besides, the successor trustee can assume power once you and the trustee become incapacitated.

Other details the trust fund must address include how long it will run, what conditions might cause it to cease operation, and the distribution and timing of funds.

Find a Lawyer

You can find a reputable solicitor who is well conversant with estate planning to draft your trust fund. An experienced legal advisor will help you craft a trust that abides with laws under your jurisdiction and prevents delays in court. It would help if you took the time to select an attorney because trust law varies among states.

Once you find a legible lawyer, they will help you draft a declaration or a complete trust instrument that serves as a legitimate document that formally creates the trust fund. The paperwork will constitute a list of beneficiaries, size or assets utilized, the purpose of the trust, and termination conditions.

Register the Trust

Typically, a valid registration process of your trust fund will require your taxpayer identification number. Once you provide your number, the trust fund will be designated an employer identification number (EID) as a separate legal entity that will file its income tax. Besides, it would be best to open a different financial account for the trust fund to help conduct routine business operations. Once you get the EID, proceed to the IRS official website and complete the SS-4 form.

Transfer Assets

It would be best if you retitled the name of your property when establishing a trust fund for your family. In addition, it would help if you renamed the asset you plan to shift into your trust fund from the trustee name to the family trust fund. You should have the date of establishment of the trust fund in the title. Furthermore, you should have the correct documents involved in transferring assets, such as stock certificates and title deeds for land and estate.

Trustee Selection

A trustee, as discussed earlier, is an individual or entity you grant permission to oversee your property when you pass or become incapacitated. The trustee can be a relative, a close friend, or a partner who acts on your behalf and executes your wishes. Conversely, the trustee can be an organization, such as a bank or SPV administration. The individual or institution pays bills, keeps records, makes investment decisions, and prepares taxes.

Some people prefer to appoint more than one trustee to handle the various aspects and wishes of the trust fund. You might find a grantor who has selected family members, professional lawyers, accountants, banks, trust companies, and friends. If you plan to have one trustee, you should name a successor trustee to ensure the success of your estate. Furthermore, assigning duties laid out in the trust to corporate organizations or professionals necessitates a servicing fee.

Initiating a trust fund is an ingenious method of ensuring proper wealth distribution and utilization long after you are gone. The process requires you to utilize multi-disciplinary professionals experienced in estate planning.