Trust.
It's often the bedrock of family relationships.
But
in this case, we're not talking about simple faith
in one's word, but rather a legal arrangement dealing
with transfer of control.
Used
most frequently to avoid estate taxes after you kick
it, trusts allow your assets to be passed on to specified
beneficiaries under conditions determined by you.
While the nature of a trust limits some of your control
over those assets -- once established, the trust owns
whatever you've put in it -- it can serve as a nice
shield against liabilities like owing taxes or forfeiting
assets if you get sued.
Trusts
generally are not do-it-yourself projects, nor are
they cheap. They primarily apply to the relatively
well to do -- under current rules if you have an estate
valued at more than $675,000, you would do well to
shelter the excess under a trust of some kind as your
heirs will face estate taxes that could reach 55%.
If $675,000 sounds like an enormous number that could
never apply to your puny assets, remember that "estate"
means basically everything you own -- the house or
condo, your retirement funds, your life insurance
policies, your investment portfolios, even your furniture.
Adds up, don't it? And while $675,000 is the current
magic number, the ceiling for estate tax exemptions
is rising. By 2006 you could have up to $1 million
in assets and not get hit by estate taxes, but since
millionaires have been proliferating in recent years
this increase won't solve everyone's problems.
If
you're not Richie Rich just yet, don't ignore the
trust concept altogether. As your parents age and
retire you'll need to familiarize yourself with the
ins and outs of their estates, especially if they
become seriously ill. What's more, if you've opened
your IRA or 401(k) -- the way every single one
of you should have -- you've already turned your
sights to planning ahead. And as you approach the
age when you'll own a home or have significant others
relying on your significant assets, you need to start
planning your estate to make sure your money gets
to the folks you love.
It's
not a problem, though. Getting yourself a will is
pretty easy and relatively cheap. Soon afterward --
if you work hard, are lucky, or both -- you'll have
gobs of dough worth sheltering with trusts.
As
your parents age and retire you'll need to familiarize
yourself with the ins and outs of their estates, especially
if they get seriously ill.
So
what are the most popular types of trusts? A lot of
folks begin with a bypass trust, one for you
and one for your spouse. Normally, if you die without
a trust of any kind, your spouse collects your estate
assets tax-free. But that only puts things off until
he or she dies, at which point there's a huge estate
ripe for whittling by Uncle Sam. A bypass trust lets
all the assets in the trust "bypass" your spouse for
the benefit of your children, while at the same time
giving your spouse access to the interest on those
assets and even some of the principal. In other words,
your spouse gets to use the bucks even as the money
is safely earmarked for your kids. When both of you
create bypass trusts, you'll be able to double your
estate tax exemption from $675,000 to a full $1.35
million (by 2006, you can make that $2 million).
Frequently
paired with bypass trusts, a QTIP trust allows
assets to pass into your spouse's estate, but you
get to choose who ultimately gets the trust's assets.
Usually if you want to call the shots on who gets
the dough, that money has to be considered part of
your estate not that of your spouse -- not so with
the QTIP. The bypass/QTIP combo is sometimes referred
to as an A-B trust arrangement.
Living
trusts help you scoot your heirs out of probate
-- the often lengthy process by which courts decide
if your will is valid after you die. Putting your
entire estate in a living trust makes the process
much quicker, allowing your beneficiaries to get at
your assets sooner. Living trusts, however, offer
only speed and convenience. No tax breaks here.
A
trust's status as revocable or irrevocable
refers to whether you can change your mind once the
trust is set up. Irrevocable trusts are the more sure-fire
way to go since revocable, or changeable, trusts often
don't hold water with courts. Why not? Well, a not
so trustworthy citizen could decide to set up a quickie
trust to shelter assets temporarily and then revoke
it later when the need passes. For example, if you
set up a revocable trust to shelter some of your moola
when your kid is applying to colleges, you could fool
Whatsamatter U. into giving your child a sweeter financial
aid package by appearing to have less in the bank
than you really do. Sounds good until the IRS finds
out.