Most Living Trusts Provide Little Protection of the Property Inherited
You can protect the inheritance you leave to your loved ones by leaving it to them inside of an inheritance protection trust. If your children or other trust beneficiaries are minors, young adults or simply irresponsible, then outright inheritance is probably a bad idea. Or, if your children or beneficiaries have creditor problems or go through a divorce after they inherit from you, the assets they inherit could end up with their creditor or ex-spouse.
Inheritance Protection Trusts
Each share you leave to a child or other beneficiary of your living trust can be held in a separate inheritance protection trust, which is created inside your living trust document. An inheritance protection trust can hold the child or other beneficiary's inheritance until a specified age, or for his or her life. You designate the trustee of the inheritance protection trust, who will manage the inheritance for the child or other beneficiary. If the child or beneficiary is old enough, or upon reaching a specified age, he or she can be the trustee of his or her own inheritance protection trust. This will give them control over their inheritance while providing substantial protection.
As stated, these trusts can last until the child or other beneficiary reaches a specific age, or they can last for life. A major benefit of an Inheritance Protection Trust for life is the protection it provides from creditors and in the event of divorce. It also provides protection for adult children or other beneficiaries who are financially irresponsible, immature or have substance abuse problems, in which case you may want another individual or professional to act as trustee or co-trustee.
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If you have questions or concerns regarding the creation of an inheritance protection trust, do not hesitate to contact us!