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What is a Trust And How Does a Trust Work?

 Posted on October 07, 2022 in Trust Administration

kendall county estate planning lawyerWhat is a Trust?

A Trust is a legal instrument, which holds title to property, subject to certain obligations, rights, and restrictions placed on the property. A Trust is fiduciary relationship in which a party (Trust Maker) establishes a Trust that gives another party (Trustee) the right to manage property that the Trust owns.

What is a Trustee?

A Trustee is a person or entity that is appointed by the Trust Maker (the person or couple that created the Trust) to manage their assets and property. Generally, the Trustee is the same person(s) that creates the Trust for their benefit for estate planning purposes. The Trust instrument or otherwise known as the "Trust Agreement" creates the Trust until they (the creators of the Trust and Trustees of the Trust) are unable to fulfill the role of Trustee. The Trust Agreement will typically pass trust administration to a person(s) or entity upon the Trust Maker’s incapacity or death.

At the time of incapacity or death, the role of administration changes to a Successor Trustee. A Successor Trustee is by and large a trusted family member or friend. The Successor Trustee administers the instructions outlined by the Trust Agreement. The Trust Agreement is a legal document created by the persons wishing estate planning for their family. The goal of the Trust is to avoid probate court and create a smooth transition upon a death or incapacity. People create trust because they want their loved ones to have an easy process if something happens to them.

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Why Is Planning for Digital Assets in A Will or Trust Critical?

 Posted on October 04, 2022 in Estate Planning

Kendall County Estate Planning AttorneyWhen we think about what goes in a Will or Trust we usually think about physical assets, such as property and family heirlooms. However, as time goes on and technology advances, more and more of our assets become digital. Before learning why digital assets are so important to put in your Will or Trust, you need to know what qualifies as a digital asset.

What Is a Digital Asset?

Digital assets are all assets that exist online. These digital assets may have tangible financial value, but they also may not.  Some examples of digital assets may include: 

  • any of your social media accounts, 

  • pictures or music you may have online or in another digital form, 

  • online investment accounts,

  • online bank accounts, 

  • funds you are owed by an online business (such as Amazon or Etsy), 

  • any type of virtual currency (bitcoin or other), 

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If you own assets with a value in excess of $1 million, it is crucial to take steps to ensure that your wealth will be preserved and passed on to future generations. Failure to do so could lead to financial losses due to lawsuits, actions by creditors, or other issues. You will also need to be aware of potential estate taxes that may apply at both the state and federal levels. When working with our attorneys, you can make sure your wealth will be properly preserved.

Our estate planning team can provide guidance on the best asset protection options that are available to you. With our help, you can reduce the value of your taxable estate to ensure that more of your wealth will be preserved for future generations. We can also help you use asset protection trusts or other methods to make sure your property will be safeguarded. Our goal is to provide you with assurance that your family will be prepared for whatever the future may bring.

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