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Choosing A Will Over An Asset Protection Trust

By Nora Jennings


It is a very common thing to hear that relatives and siblings of one family fighting over an inheritance or disputing over a will. It is also common for an old person not to be taken care of by his or her family. At that old age they are abandoned and their wealth fought for, simply they are forgotten. That is why many people are taking asset protection trust to protect their wealth and make sure that it is inherited by the right people once they are gone.

The trustee is able to manage their properties even after they have been transferred to the trust company. But the control of your assets is limited by the company also it has some power in controlling your assets and one thing about trust company is that once you decide to put your property under them the process is irrevocable.

The good thing is that there is discretion. Nobody will know what you have secured, it could be your businesses or house, and who the beneficiaries are. This is safe as there will be no quarrels or chaos about your property and once you have named the beneficiaries no one can change them if you are not willing to even when they go to court to protest.

It is very unreasonable for children to assume that they have a right to inherit their parents property. These are the kinds that would abandon their parents at an old age and forget them and concentrate on how to spend their money. That is why nobody should make an assumption on their wealth that it will be automatically taken care of. That is why safeguarding your property for yourself, family and a generation to come is very important.

A person may decide to write a will or distribute their wealth in a trust but this depends on the person. Just like in a will the owner can change anything and name beneficiaries whom will enjoy his wealth upon his/her death.

Who governs these trusts? A question like this maybe asked and well the answer to this is the jurisdiction. One major requirement of a trust of this kind is that the trust should be irrevocable and spendthrift. In addition there should be another trustee available and is referred to as a resident trustee.

You will remain in full control of your property until death is when the successor of your property can be handed over your position. While you are still the trustee you can be able to change, that is amend or revoke, anything just like in the case of a will.

We have learnt about these protection and we have seen that it can be quite costly. There are also some requirements that need to be followed religiously so before distributing your property to any of the trusts have knowledge about them and consider what will affect your family once you are gone and the benefits the are likely to get. Whether a will or a trust either is good, it all depends on what you prefer.




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