Trust protectors are a result of evolving new developments in the trust industry. The role of a trust protector is still relatively new in modern day trusts. A big difference with a trust protector and a trustee is that a trust protectors’ role might not be specifically defined. Therefore, trust protectors are granted a wide variety of authority over the trust assets. With this power, the question arises if the trust protector is acting in a fiduciary capacity? The short answer, maybe. This depends on the trust and the state law.
Trustees have an array of responsibility when executing an Irrevocable Life Insurance Trust (ILIT). Knowing how to choose the right Trustee to manage the ILIT will save a lot of frustration,time, and money. In order to make that decision easier, this article will highlight what a trustee is supposed to do.
Thanksgiving is one of the best holidays of the year. It is a time for families to gather for a hefty meal and look back on all the things they have been thankful for. It is also a time that most estate planning attorneys say is a busy time of the year. Why is that? Aunt Susie or Uncle George might have said/done something to knock them out of the Will and Trust. Therefore, Thanksgiving can cause a trust agreement change.
Do you need to fire a trustee? Trustees control everything. If you are the beneficiary of a trust it is important for you to have easy access to your funds. Unfortunately, some trustees make it difficult for beneficiaries to access their funds.
The right trust document, paired with an easygoing beneficiary, creates easy trustee distributions. A trustee has two main responsibilities when administering a trust. The first is investment management and the second is distributions.
Any time someone takes on a fiduciary duty, there is risk involved.
Financial advisors’ risk will very. Trust assets offer an opportunity for advisors to further assist their clients. Often, advisors will be asked to manage trust assets of a client or assist in the process of estate planning.
The two main types of trusts are delegated and directed. It is important for advisors to understand the risks they face with each type.
This article will highlight the financial advisor risk faced when a client needs trust management. (more…)
Delegated and Directed trust are the most common types of trusts. When deciding to make changes to a trust, for instance changing a trustee, depending on the type of trust this can sometimes be difficult. Understand that not all trust law is created equal. Depending on what state you reside in, changing a trust can be an easy process or a difficult one. In this article we will discuss the differences between delegated and directed trust when needing to change a trustee.
Creating a trust is an important step in protecting assets and providing for future beneficiaries. A states trust law is just as important. Living in Texas offers an array of benefits and tax advantages. However, when it comes to trust law, Texas falls short in a few categories. (more…)
There are different types of trustees. Over the next decade, trillions of dollars will be passed to future generations. Trusts have become a common strategy for estate planning. Naming the right trustee is crucially important. This should be a business decision, not an emotional one. The trustee has an array of responsibility and risks. Understanding your responsibility as trustee or the responsibility you designate is crucially important.
Delegated trust or directed trust? Everyone wants to know the pros and cons of each.
Directed trusts are newish (e.g. last 30 years). Delegated trusts have been around since the 1300's.
Neither a delegated nor directed trust should be defined as good or bad. This article describes the key differences affecting a trust, whether using a delegated or directed trust feature, and the impact on current and future generations.
The benefits of a delegated or directed trust based on South Dakota trust law — or any of the other top trust states — allows those with money to worry even less because they have control and choice.
From a trust administration perspective, the biggest difference between the two rests on the level of risk to the trustee.
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