Myth #7: Trusts Protect Assets From All Creditors
Myth: Many people assume all trusts offer the creditor protection provided by irrevocable trusts, and many people think that supposed protection is “ironclad” or “bulletproof”.
TV Shows:
- Succession (2018–2023): The Roy family’s wealth is structured in ways that make it
Myth #6: Trusts Are Immune to Legal Challenges
Myth: Many people believe that once a trust is established, it’s completely untouchable in court.
Movies:
- The Ultimate Gift (2006): A billionaire structures his estate so that his grandson must complete a series of character-building tasks before receiving his
Myth #5: Lawyer for Trustor Represents the “Trust” or “Family”
Myth: A common misconception in trust and estate administration is the belief that the lawyer who represented the late trustor (the person who created the trust) automatically represents the trust itself or the trustor’s family after the trustor’s death. Many
…Myth #4: Post-Death Trust Administration is “Automatic”
Myth: Once a person with a trust passes away, the administration of that trust happens automatically, without any legal procedures, paperwork, or active management. Many assume that because a trust avoids probate, the assets will instantly transfer to beneficiaries
…Myth #3: Trusts are Only Useful After Death
Myth: Trusts are only relevant or useful after a person dies, functioning solely as tools to distribute assets like a will. Many people assume that the primary, if not the only, purpose of a trust is to avoid probate and
…Myth #2: Trusts are Only for the Wealthy
Myth: Trusts are only for large, complicated estates of the very wealthy.
Movies:
- The Descendants (2011) – George Clooney’s character, a wealthy landowner, is the trustee of a massive family trust that controls valuable Hawaiian real estate.
- Arthur (1981 &
Myth #1: A Will is Enough; I Don’t Need a Trust
Myth
A Will is sufficient because it clearly outlines how assets should be distributed after death. It seems straightforward: list your beneficiaries, name an executor, and you’re set. This simplicity leads to the assumption that no other planning tools, like …
TIPS OF THE TRADE: PITFALLS OF SPLIT-INTEREST TRUSTS FOR BLENDED FAMILIES
Estate planning clients with blended families often think they need a “split-interest” trust to provide benefits for a surviving spouse for life, with any remainder going to issue from a prior marriage. Although this reflects a natural wish, the administration …
Estate Tax Exemption Sunset at end of 2025
As you plan for your future, it’s important to stay informed about changes in tax laws that could impact your estate. One significant change is the upcoming sunset of the increased estate and gift tax exemption, which was introduced by …
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