Why Is It Mandatory to Fund Your Trust?

Why Is It Necessary To Fund Your Trust? 

Funding a trust while you are alive is crucial because it ensures that your assets are managed and distributed according to your wishes without the need for probate. By transferring ownership of your assets into the trust, you can maintain privacy, reduce legal costs, and expedite the distribution process for your beneficiaries. Additionally, a funded trust provides for the management of your assets if you become incapacitated, ensuring that your financial affairs are handled seamlessly according to your instructions. This proactive step not only protects your loved ones from the delays and expenses of probate but also offers peace of mind, knowing that your estate will be administered efficiently and privately. In our last blog, we covered the differences between a trust and a will. With a trust, you can avoid probate altogether. In our latest blog, we will cover why your estate planning attorney should fully fund your trust to help your family avoid probate at your passing. 

Benefits of Funding a Trust

• Avoidance of Probate: One of the most significant benefits of funding a trust is the ability to avoid probate. Assets placed in a trust are not subject to the lengthy and expensive probate process, allowing for quicker and more efficient distribution to beneficiaries.
• Privacy: Unlike wills, which become public records during probate, trusts remain private. This ensures that the details of your estate, including the nature and value of your assets and the identity of your beneficiaries, are kept confidential.
• Control Over Distribution: Trusts allow you to specify exactly how and when your assets are distributed to your beneficiaries. This can include setting conditions for distribution, such as age requirements or milestones like graduating from college, which can help ensure that your assets are used responsibly.
• Incapacity Planning: A funded trust can provide for the management of your assets if you become incapacitated. This ensures that your financial affairs are handled according to your wishes without the need for a court-appointed guardian or conservator.
• Tax Benefits: Properly structured trusts can offer significant tax advantages, including minimizing estate and gift taxes. This helps preserve more of your wealth for your beneficiaries.
• Protection from Creditors: Certain types of trusts can protect your assets from creditors and legal claims, providing a level of financial security for your beneficiaries.
• Flexibility: Trusts can be tailored to meet your specific needs and goals. Revocable living trusts, for example, can be altered or revoked during your lifetime, offering flexibility in managing your estate.

Features of Funding a Trust

• Variety of Trust Types: There are various types of trusts available, each serving different purposes. These include revocable living trusts, irrevocable trusts, special needs trusts, and charitable trusts, among others. Each type offers unique benefits tailored to specific estate planning needs.
• Comprehensive Management: A trust can encompass a wide range of assets, including real estate, bank accounts, investments, and personal property. This comprehensive approach ensures that all your assets are managed and distributed according to your wishes.
• Successor Trustee: When you fund a trust, you appoint a successor trustee who will manage the trust after your death or incapacity. This ensures continuity in the management of your estate, providing peace of mind that your assets will be handled by someone you trust.
• Estate Liquidity: Trusts can provide liquidity to your estate, ensuring that there are sufficient funds available to cover expenses such as taxes, debts, and administrative costs without the need to sell off assets prematurely.
• Streamlined Process: Funding a trust can streamline the estate settlement process, reducing the administrative burden on your loved ones during a difficult time. This can lead to faster and more efficient distribution of your assets.

What Sets BML Apart - Steps to Ensure Proper Funding

To avoid the complications of unfunded assets at your death, it's crucial to:

• Review Asset Titles: Ensure that all assets intended to be part of the trust are properly titled in the name of the trust.
• Update Beneficiary Designations: Ensure that all beneficiary designations on life insurance policies, retirement accounts, and other assets reflect your current wishes and, where appropriate, name the trust as the beneficiary.
• Consult with an Attorney: Work with an estate planning attorney to regularly review and update your estate plan, ensuring that all assets are correctly funded into the trust and that your plan reflects any changes in your circumstances or wishes.

Ball Morse Lowe Estate Planning Attorneys Oklahoma

Funding a trust for your estate plan in Oklahoma offers numerous benefits and features that can enhance the management and distribution of your assets. It provides a way to avoid probate, maintain privacy, ensure control over asset distribution, plan for incapacity, and potentially gain tax advantages. By tailoring a trust to your specific needs, you can protect your wealth, provide for your loved ones, and achieve peace of mind, knowing that your estate will be managed according to your wishes. Consulting with an experienced estate planning attorney can help you navigate the complexities of trust funding and ensure that your estate plan is comprehensive and effective. The experienced attorneys of Ball Morse Lowe provide thoughtful solutions by implementing carefully crafted estate plans for our clients. We will work closely with your trusted financial advisors and accounting professionals to achieve peace of mind, provide clarity, and leave a lasting legacy. Call 405.701.5355 or email clientintake@bml.law to set up a consultation today.