The use of trusts among Americans is skyrocketing. Since the turn of the century, the overall number of trusts has more or less doubled. Between 1998 and 2004, the value of assets held in personal trusts also nearly doubled to $1.19 trillion.¹

Could you benefit from a trust? It depends. The usefulness of trusts for business purposes will vary based on how a business is organized. However, a trust can help protect your personal assets, including your stake in the business.
Yours But Not Yours
The use of trusts involves a complex web of tax rules and regulations, but the idea behind them is fairly simple: A trust is a separate entity designed to own assets that you transfer to it, even though you may still control them. Setting up a trust and placing assets in the trust can produce some important benefits.
Avoid probate: Assets in a trust are shielded from the sometimes costly and lengthy probate process in which a court oversees the distribution of a decedent’s estate, even if there was a will. Instead, the trust will distribute assets according to the terms and instructions in the trust. If ownership of a business is in a properly structured trust, the business can continue according to your instructions without court involvement.
Control distribution of assets to children: If you have minor children, a trust can help ensure that someone you designate will manage their inheritance until they reach legal age. For adult children, a trust can be used to place conditions on their inheritance in case they have behavior problems or other troublesome life circumstances.
Manage estate taxes: Simple probate-avoidance trusts probably won’t affect your tax burden, but more complicated trust strategies can be used to help reduce or avoid estate taxes. Trusts that are most effective in reducing estate taxes also tend to require that you irrevocably surrender ownership of the trust assets.
Before implementing trust strategies, you should consider the counsel of an experienced estate planning professional.
1) The Wall Street Journal, December 24, 2005
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