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A trust is a separate financial entity that is established so that wealth is owned by the trust instead of a person funding the trust. There are lots of different kinds of trusts in the US and they have many purposes including estate planning to avoid probate, tax reduction, gifting wealth without gifting control of wealth, and diminishing one's assets to become eligible for govt subsidies.. . a) Estate planning to avoid probate. A person sets up a living trust and then retitles their assets to the trust. They name their heirs as beneficiaries to the trust. This type of trust is revocable so if the person decides it's a bad idea, they can undo it anytime they want. When the person dies, the trust distributes the assets to the beneficiaries immediately without any need for probate court or paying an executor of the will. Everyone who is going to die someday should have one of these.. . b) Tax reduction. Rich people with fancy houses set up house trusts and deed their houses to the trust. When they die the house goes to the kids. For estate tax purposes, the value of the house is fixed at the date it went into the trust, not its market value 20 years later when they die. Combined with a life insurance policy, this can pass a house to the next generation with no risk that it needs to be sold to meet estate taxes.. . c) Gifting wealth without gifting control of wealth. I know a guy who is schizophrenic with a very wealthy father. His father wants him to be taken care of but can't stand the heartache of doing it himself. So he funds a trust, appoints a person at a bank to be trustee, appoints the son as the beneficiary of the trust. The trustee then follows a trust document and provides for the son's care. The son can't use the money to buy a bad ass motorcycle but can use it to pay reasonable rent.. . d) Diminishing one's assets to become eligible for govt subsidies. A perfectly legal way of using trusts is to gift all your assets to an irrevocable trust called a Medicaid trust (set up by an attorney for sure) and then claiming that your net worth is low enough to qualify for Medicaid.
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