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What Not To Do When Establishing A Trust

Trust Lawyer

Setting up a trust is a powerful estate planning tool that can help protect and distribute your assets according to your wishes. However, the process of establishing a trust can be complex, and it’s important to navigate it carefully to avoid potential pitfalls. Individuals who are exploring their estate planning options should consider these mistakes to avoid when establishing a trust.

Neglecting to Define Clear Objectives:

One of the biggest mistakes people make when setting up a trust is failing to clearly define their objectives. Before creating a trust, take the time to identify your goals and intentions. Ask yourself questions like: What assets do you want to include? Who are the intended beneficiaries? Do you want to protect assets from creditors or minimize tax liabilities? Set clear goals so that your trust structure can help you accomplish them. 

Choosing the Wrong Trustee:

Choosing a good trustee is essential. Many people make the mistake of appointing a trustee based solely on personal relationships, such as a family member or close friend. While trust and familiarity are important, it is equally vital to consider the individual’s financial acumen, organizational skills, and ability to make sound decisions. It may be wise to appoint a professional trustee, such as a financial institution or a trust company, to ensure impartiality, expertise, and continuity.

Failing to Regularly Review and Update the Trust:

A trust should never be a one-time setup and forget arrangement. Failing to review and update the trust regularly is a significant oversight. Circumstances change over time, and your trust should adapt to reflect these changes. Life events like marriage, divorce, births, deaths, or changes in financial status may require adjustments to the trust’s provisions. As a trust lawyer like one from Kaplan Law Practice, LLC can give more details about, be sure to review your plan and make any necessary revisions so that it is up to date. 

Overcomplicating the Trust Structure:

Another common mistake is creating a trust structure that is unnecessarily complex. While trusts can be versatile tools, adding layers of complexity without a clear purpose can lead to confusion and potential legal issues. Keep the trust structure as simple as possible while still achieving your objectives. Overly complicated provisions, multiple sub-trusts, or unnecessary restrictions can make it challenging to administer the trust, potentially leading to disputes among beneficiaries or even legal challenges. Explore professional guidance so that you can streamline your process and choose a trust that fits your needs.

Setting up a trust requires careful consideration and attention to detail. By avoiding these four common mistakes—neglecting to define clear objectives, choosing the wrong trustee, failing to regularly review and update the trust, and overcomplicating the trust structure—you can lay a strong foundation for your estate plan. Remember to consult with a qualified estate planning attorney or financial advisor who can provide personalized guidance based on your specific circumstances. By doing so, you can ensure that your trust serves its intended purpose of safeguarding and distributing your assets according to your wishes. For more information about legal services that you can receive, contact a lawyer for a consultation regarding estate planning right away.