Trust planning has greatly increased in popularity over the years. This has ushered over many new strategies that can make them more effective. These trusts often require a special kind of attorney. If they are not done right, they can leave you with problems down the road.
Trusts prepared by general practice attorneys can often be riddled with issues. After helping clients out with these trusts it quickly becomes apparent how poorly these can be drafted. Here’s some issues we had recently with a widow who wanted to make some changes.
- Unknown by her it was irrevocable, so it could not be changed.
- The trust bill that was written to save estate taxes would actually cost more considering capital gains.
- It was assumed by the client that her long-term assets were protected in this trust which they were not.
- The entire trust was put on public record with the registry of deeds so anyone could view some of her more intimate choices regarding family members.
By working on trusts daily, We can identify these red flags and provide a solution that is centered around changing unchangeable trust to better fit the clients wishes. This work requires a trust specialist.
Changes to these trusts can be done though trust decanting. That is when assets inside are moved to a more favorable trust while the protections are still inside it. If she would have waited any longer things could have gone terribly wrong for her. Contact your local elder law attorney to make a plan for your future.
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Jamison Bonds, VA Accredited Attorney
One of the many benefits of being an elder law attorney is getting to work with selfless clients who act not out of their own self interest, but out of a deep concern for the people they love. That’s why I love helping families enjoy peace of mind and protect their hard-earned assets.
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Over the course of nearly a decade, we’ve helped more than 1,200 of your neighbors with their estate planning and elder law needs. Now we can help you achieve the best possible outcomes for your family.