Ensuring your loved ones are taken care of in the future is a top priority. However, you don’t have to be wealthy to create trust funds that will provide for them. Establishing a trust can help ensure your family, friends, or causes you care about are taken care of for years to come. For this reason, it’s crucial to learn how to set up a trust fund which is a pivotal piece of a family office.
Trust funds are a powerful way to look after your loved ones in the event of your passing or incapacitation. By setting up a trust, you can provide funds to minor children at specific ages or life milestones they reach. This helps to make sure they have a solid foundation long after you’re gone.
What is a Trust Fund?
Trusts are legal entities, created by a grantor, that hold assets for a beneficiary. As the grantor of the trust, you’re responsible for transferring property and other assets to it and appointing a trustee who will manage and distribute those assets according to its terms.
- The grantor is the entity that sets up a trust and moves legal ownership of assets to a trustee for one or more beneficiaries. The grantor may be the same person as the beneficiary, trustee, or both in certain types of trusts.
- The trustee holds legal ownership of all trust assets, is responsible for any handling of the assets in the trust, files taxes on behalf of the trust, and ensures that assets are distributed in accordance with the terms set out in the trust.
Trusts offer many advantages, such as helping assets avoid probate and allowing for privacy. Setting up a trust fund means your assets will be managed in line with your wishes until those on the receiving end can get them. Trust funds also permit you to set provisions or “rules,” so you are able to regulate how, when, and why trust assets are given out.
For instance, if your children are the ones set to benefit from the trust fund, you could have provisions in place so funds can be used for a specific purpose or situation, like when they reach a certain age or attend college. This is beneficial in ensuring they don’t waste the funds unwisely or all at once.
Trust Funds vs Trusts: What is the Difference?
The words “trust” and “trust fund” are often confused with each other, but they have subtle distinctions. A trust is a lawful relationship between a trustee and the trust’s beneficiaries. On the other hand, a trust fund is a legal entity that holds all of the trust’s assets.
How to Set Up a Trust Fund: A 5-Step Process
Establishing a trust fund involves multiple crucial steps and requires much deliberation. It is essential to consider all the minute details to ensure an efficient and successful setup. The five primary steps are to set goals, select the type of trust, determine the relevant terms, create trust documents, and fund your new trust fund with high-value assets.
Set robust goals for the trust
Before establishing a trust fund, it is essential to be intentional about why you’re setting up the fund. Having clarity of your desired outcomes will guide you to decide which assets and terms to include in the trust. For instance, you may wish for each child to receive particular items — Brittany gets your antique jewelry collection, whilst James receives your grandfather’s stamp collection.
Additionally, you may want the funds used for a specific purpose such as college tuition for Brittany or helping James to buy a home. It is also possible to stipulate when children can access their share of the trust fund. Knowing your objectives ahead of time will assist in making informed decisions regarding the trust fund.
Select the type of trust you will establish
When establishing a trust fund, it is important to identify what type of trust will best meet your needs. Trusts are split into two categories: revocable and irrevocable.
- Revocable Living Trusts (RLTs) provide the greatest degree of flexibility. Changes can be easily made, or the trust can be canceled if necessary.
- Irrevocable trusts are less malleable, however, assets in an irrevocable trust could be exempt from estate taxes upon passing which may be beneficial for some.
For most people, a Revocable Living Trust is the optimal mix of control and versatility.
Determine the trust’s terms and provisions
Once you’ve chosen the type of trust that will help you meet your goals, you’ll need to decide on the terms of the trust. This may include choosing a trustee, determining relevant distributions, setting up provisions for the trust, and more.
Choose your trustee
When setting up a trust fund, it’s important to choose an individual or institution that will serve as the trustee. This person or entity should be somebody that you trust, as well as someone who is willing and able to serve as trustee.
Depending on the trust agreement, you may name yourself as the trustee, giving you control over and management of assets during your lifetime. If that’s the case, it’s necessary to appoint a successor trustee who can take over in the event of your death or if you’re no longer able to serve as trustee.
Determine relevant distributions
If you intend to transfer multiple assets to a trust and have multiple beneficiaries, it’s important to decide how the assets should be divided among them. Make a list of all the assets you plan to transfer and identify which beneficiary will get each asset. It’s essential that you document these distribution instructions in your trust documents so they are legally binding.
Set up provisions for the trust
Depending on your trust’s purpose and goals, you may need to include certain provisions in the trust documents. These could include instructions detailing how assets should be distributed or when beneficiaries should receive these assets.
For instance, you might indicate that Brittany and James each get an equal share of the family home after your death, or that Brittany receives $10,000 in cash from the trust when she enrolls in college.
More decisions need to be made
The other decisions you need to make may vary depending on the kind of trust you create and your state’s requirements. Certain states might have limits on the types of clauses you can include in your trust documents.
Develop documents for the trust
Once you have settled on your trust and the objectives you want it to accomplish, you should ensure that your trust is officially binding. This entails completing the necessary trust documents and observing state laws when executing them.
Generally, this involves signing the trust document while two witnesses are present to sign as well. Depending on what your state requires, having the trust notarized and registered with your local county office may also be necessary.
Funding the trust with high-value assets
To ensure that your trust functions as expected, it is essential to fund it. This could involve including various assets, such as real estate property, brokerage and bank accounts, life insurance policies, non-cash assets, digital resources, and any important or valuable personal possessions.
Transferring those assets into the trust may require some effort and time but it is a required step. You may begin by speaking with the institutions managing your assets – for instance, to transfer ownership of a house to the trust you should execute a new deed with the trust listed as owner while transfers involving bank accounts can start by contacting your financial institution. An estate planning attorney may also be able to manage everything for you.
Avoiding Critical Mistakes with Trust Funds
There are some common mistakes to be mindful of when setting up a trust fund. These can include picking the wrong trustee, allowing beneficiaries access to funds too early, introducing overly strict regulations, and failing to regularly review the trust.
When deciding on a trustee, go for someone who is responsible, organized, and educated in finance. Ideally, they should also live close to you or the beneficiaries. Additionally, carefully consider when to release funds to your beneficiaries based on their age, maturity, and financial responsibility.
If they are given access before they are ready, this could lead them to spend their money irresponsibly or all at once. Moreover, be careful not to make provisions that are excessively restrictive as this could prevent a beneficiary from profiting when necessary. Lastly, remember to review your revocable trust every three to five years so that it remains up-to-date with your current situation.
Trust Funds and Family Offices
A revocable living trust is a popular choice when it comes to setting up a trust fund. This kind of trust gives you the flexibility to modify the terms and provisions over time, enabling you to incorporate additional assets, add a new beneficiary or switch trustees as required.
As this decision is based on factors such as your situation, possessions you wish to gift, and goals, it is key that you choose a trust fund that suits your needs.