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Posts tagged "trust"

Benefits of special needs trusts

What if you have a loved one who is disabled or unable to care for him- or herself, and you want to make sure he or she is financially taken care of if something happens to you -- or you just want to put aside some money for him or her? This is when you should contact a Colorado estate attorney and set up a special needs trust. Whether your loved one is an elderly parent, a mentally impaired child or a disabled spouse, a special needs trust has some significant benefits when it comes to protecting assets you wish for them to have.

How can a living trust be modified?

A trust may be modified under Colorado law for a number of reasons. Circumstances may change so that the trust no longer effectively carries out the wishes of the settlor. Terminating a trust early or modifying its terms is not generally a simple process. Modification is controlled by the wording of the trust itself. Any other document, such as a will, is not sufficient.

Understanding the different kinds of trusts

Colorado residents who are new to the subject of estate planning may be interested to learn more about the various kinds of trusts that are available. Trusts fall into two general categories: testamentary and living trusts. A testamentary trust is set up only after the benefactor's death, when the person's will is put into effect. On the other hand, a living trust is established during the benefactor's lifetime.

The benefits of a trust

There are several factors that an individual may need to consider prior to creating a trust in Colorado. An important question to ask is whether a trust is necessary to protect the assets within the estate. Generally, those who have more than $100,000 in assets should consider using a trust. Trusts are also good for those who want to protect a family business or want to provide for a disabled family member.

Why create a special needs trust?

Some families in Colorado may be interested in establishing a special needs trust for their children's benefit. In some situations, a special needs trust can be a preferable alternative to other forms of trusts because it can allow someone to transfer savings to their child without compromising their ability to receive government benefits in the future. Special needs trusts can be created to take effect both during a parent's lifetime and after their death, and are also known as supplemental care trusts.

Revocable living trusts and wills

Although both types of documents are designed to aid people in distributing their assets according to their wishes, there are significant differences in how wills and trusts work. In some situations, a living trust is more advantageous, and in others, a will is the better option. There are a number of situations where the use of both kinds of documents is advisable.

The living trust as an estate planning tool for Colorado citizens

Benefactors in Colorado have the option of using a living trust to provide a safe method of transferring assets to named beneficiaries. This instrument of estate planning differs from the traditional will in that a living trust includes directions for the management of property while the benefactor is alive. This can be especially useful if the benefactor serves as the trustee and loses the ability to manage the trust.

Understanding assets for estate planning and management

One of the most important estate planning issues for Colorado residents may be having enough money saved to address living expenses during retirement years. Without sufficient funds, there could be the need to get rid of some assets in order to handle the costs of living. Whether or not enough money has been saved, however, an estate plan is important for prescribing how one's remaining assets will be distributed after death. With a revocable trust, these directions can be changed as often as necessary to account for changes in holdings based on the liquidation of bad assets or the decrease in value of a good asset.

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