The key documents in most estate plans are the will, trust (if desired), power of attorney, living will or healthcare proxy, beneficiary designations, guardianship designations (if needed), and letters of instruction (if desired). It allows you to control your assets while alive and, in most cases, ensures that your beneficiaries will avoid the hassles of the probate process when you pass. Often, a trust is used when the beneficiaries — including minor children — won't be able to manage their inheritance on their own. A trust names a trustee(s) who is legally responsible for effectively managing assets within the trust and distributing your assets to your beneficiaries according to your instructions. While a trust is not essential, many people choose to create one for the flexibility it offers. A will is an essential legal document that outlines your wishes about asset distribution, your choice of executor, and guardians to be appointed for any minor childre


EP Wealth's Regional Director, Lea Ann Knight, CFP®, shares practical steps couples can take now to prepare financially and emotionally for the death... EP Wealth's Regional Director, Ryan Caldwell, CFP®, shares a step-by-step approach to managing finances after the death of a spouse or loved one,... Choosing to explore one should be part of a thoughtful, multi-disciplinary process that accounts for legal, financial, and long-term family considerations. Choosing a trustee can directly affect how the trust is viewed in legal proceedings.
Relief from financial waste
The benefit is that, because the property is no longer yours, it’s unavailable to satisfy claims against you. We discussed tax planning, avoiding probate, and steps to provide for financial management if either or both spouses become incapacitated. Clients should consult their legal and/or tax advisors before making any financial decisions. Bank of America, Merrill, their affiliates, and advisors do not provide legal, tax, or accounting wealth preservation strategies advice. A trust could help with this by, say, allowing your second wife to benefit from trust income during her life, with the principal reverting to your children from your first marriage upon her death.
It is important to work with an experienced trusts lawyer who can take a holistic view of your needs and ensure all legal requirements are met. When you die, the trust assets are passed to the beneficiaries according to the trust’s conditions. Unlike some other trusts, you can continue to use the assets prior to death, including living in the family home. Property, investments and other assets that are placed into the trust stop being part of your legal ownership, and that keeps them safe and out of reach from creditors and other claimants. Trusts for asset protection can protect your assets from creditors and other claims and are an effective way to ensure that wealth stays in the hands of those you intend.
Working with an Advisor: A Coordinated Approach
APTs can help structure the transfer of assets in a way that reduces the risk of loss through divorce settlements, creditor claims, or lawsuits involving beneficiaries. Among the tools that may be worth exploring, Asset Protection Trusts (APTs) are designed to help safeguard assets from future claims or legal disputes. Explore how asset protection trusts may help safeguard wealth from legal risks and support multigenerational planning as part of a broader estate strategy. An Heir Safeguard Trust ("HST") is specifically designed to protect your surviving spouse or children from future remarriage, lawsuits, creditors, or divorc


It's easy to think that all you need to do is draft a Will dividing your assets and trusting your beneficiaries to keep them in the family. If you're like many of our clients, you hope your assets and accumulated wealth will provide a lasting legacy to your family after you're gone. You have probably spent years building your assets and increasing the size of your estate or business. For example, conveyancing fees will be payable when transferring property into the trust in addition to the costs of setting up the trust. Our experienced team can help advise you on the best solutions to suit your family and financial circumstance


You can choose to hold the bond to maturity, at which time the issuing entity will repay the principal. Retirees often use annuities to supplement other guaranteed sources of income (such as Social Security) to offset non-discretionary expenses. "Annuities should be evaluated based on your specific circumstances," says Rob Haworth, senior investment strategy director with U.S. When you start taking disbursements, typically after you turn wealth preservation strategies 59 ½, you can choose to receive a specific dollar amount regularly or payments that are adjusted for inflation. While the insurance company holds your contributions, that money has the potential to accrue on a tax-deferred basi

You may have a vacation home that you built or purchased with the dream that your loved ones would continue to use it after you are gone, or you may have a homestead that you would like to pass on to someone in your famil