A trust is an instrument used frequently to organize one’s estate under one roof and make provision for the care of the beneficiaries. At death, rather than be subject to probate, the assets held in a trust are paid to the beneficiaries. At asset levels that qualify for Federal Estate Tax, a trust can be the best tax planning document of all by subjecting some property to tax and setting the rest aside in a marital trust.
A trust must be funded to be effective. Assets have to be titled in the name of the trustee. Its mere existence will not suffice to distribute property until it has passed through probate to the trust.
We will be glad to answer your trust questions by email.