Protect Your Assets with Our Estate Planning Attorneys
The trust services of Parisi, Coan & Saccocio, PLLC, can help you plan for the future, protect your assets, and ensure your beneficiaries are taken care of. Our staff provides clients in New York and North Carolina with exceptional, personalized trust law representation, from creating specific documents to administering trusts.
What is A Trust?
A trust fund is a legal entity designed to hold property or assets for another person, group, or organization. Trust funds are managed by a neutral third party called the trustee, and can hold various assets such as property, money, or stocks.
Trust funds can be powerful estate planning tools presenting many advantages. Depending on the type of trust established, it can be used for a range of purposes, including:
- Reducing estate taxes
- Reducing gift taxes
- Ensuring children and grandchildren under 18 will be beneficiaries of an estate
- Safeguarding the financial future of family members with special needs
- Protecting assets from lawsuits
- Protecting assets from creditors
How Does A Trust Fund Work?
Trusts generally involve three parties, the grantor, the beneficiary, and the trustee. The grantor is the person who is creating the trust, contributes the assets, and determines how the trust should be managed. There are different types of trusts that can be created, including revocable and irrevocable trusts.
How the trust fund will work depends on the type of trust the grantor has created and the rules they have specified. The beneficiary is the individual, group, or organization the trust fund has been established for. The trustee is a neutral third party entrusted to manage trust.
How to Start a Trust Fund
Starting a trust fund is an excellent way to provide financial security and stability for your loved ones.
There are a few steps to consider when setting up a trust fund:
- Step 1: You'll need to choose a type of trust, such as a living trust, a testamentary trust, or an irrevocable trust. Each type of trust offers different benefits and drawbacks, so it's important to research each one in detail and choose the one that best fits your needs.
- Step 2: You'll need to name a trustee, or trustees. This person will be responsible for overseeing the trust and ensuring that it is carried out according to your wishes. You can also name beneficiaries of the trust, who will receive payments from the trust upon its completion.
- Step 3: To properly establish your trust and ensure it's legally enforceable, you must complete the necessary documents and execute them in accordance with your state's laws. In many states, this means signing your trust document while being witnessed by two other individuals who must also sign the document.
- Step 4: In order for your trust to operate as intended, it must be funded with assets. Though transferring assets to a trust can be a time-consuming process, it's a crucial step in the estate planning process. To begin, you should reach out to the financial institutions that manage your assets. For example, if you want to transfer your home into a trust, you'll need to execute a new deed with the trust listed as the owner. Similarly, to transfer ownership of a bank account, you can get in touch with your financial institution to initiate the process.
Types of Trusts
Parisi, Coan & Saccocio, PLLC provides clients with experienced legal guidance, clarification, and ongoing support in trust and estate matters including:
- Testamentary Trust
- Credit Shelter Trust
- Marital Trust
- Inheritance Trust
- Revocable and Irrevocable Trust
- Irrevocable Medicaid Trust
- Living Trust
Request your consultation with our leading trust attorneys in North Carolina & New York by calling 914-228-7448 or contacting us online today!
Client Won CustodyAs many of you may know legendary singer/songwriter Aretha Franklin died in 2018 without leaving a will. Other wealthy celebrities such as Prince have done the same. This can lead to many types of unwanted consequences. As an example, the T&E department at PCS is currently ...
Brothers Inheritance RestoredAfter much litigation including more than a dozen depositions, obtaining numerous medical records and various other relevant documents, expert medical testimony, and the beginnings of trial preparation, an estate dispute was settled on behalf of our client for $700,000. Our ...
Porch Will Matter ResolvedIn another important, yet smaller financial matter, we recently settled a will contest where the decedent's will was signed and witnessed …. on his front doorstep. It was argued that the proper legal formalities were not followed in the execution of the will in this case and ...
Advantages and Disadvantages of Trusts
Trust funds when effectively planned and managed, can help ensure the financial well-being of your children. One of the largest advantages to establishing a trust for a minor in New York or North Carolina is that a reliable trustee will manage the funds until the beneficiaries age reach 18 or beyond.
Other advantages to consider with a trust fund include:
- Tax benefits such as maximizing estate tax bypasses.
- Asset protection including reducing the potential for lawsuits between heirs.
- Trust funds can establish parameters for how and when funds are distributed, and how the trust assets can be used,
While trust funds can provide many advantages, they also have potential disadvantages. As noted above, one of the largest advantages to establishing a trust for a minor is that a reliable trustee will manage the funds until the beneficiaries reach turns the age of 18. However, not all 18 year- olds are prepared to handle the financial responsibility of one lump sum. Luckily, trusts can be strategically designed to head off this problem by ensuring that the money is distributed over time or for a specific purpose.
Another potential pitfall of trust funds is heavy taxation on distributions. Trusts must be well-planned and designed carefully to reduce the amount of taxes on their distributions. Trust law varies by state and can be very complicated. An experienced trust attorney in New York or North Carolina can help you determine the type of trust you need, and carefully structure it to meet the needs and goals of your individual situation.
Read our testimonials to learn about how we have helped past clients or call today for a consultation.
What Sets Us Apart?Over 65 Years of Experience
Personalized Guidance From Start to Finish
We are very selective about the cases we take on to provide you with the highest quality representation.
Attorneys and Certified Public Accountants
Unique knowledge for accountings, tax laws, asset valuations and complex estates.
Exceptional Estate and Trust Law Experience
Over 65-years collective experience in estate and trust planning, administration, litigation, and guardianship.
I couldn’t have asked for anyone better to assist me.
Client Won CustodyDying Without A WillAs many of you may know legendary singer/songwriter Aretha Franklin died in 2018 without leaving a will. Other wealthy celebrities such as Prince have done the same. This can lead to many types of unwanted consequences. As an example, the T&E department at PCS is currently ...
Son Must Repay Mother’s EstateEstate CaseA local man and his then-wife used undue influence on his elderly mother to clean out the woman’s bank accounts before she passed away, a Schenectady County Surrogate’s Court ruled this week. The verdict, in a case brought by the woman’s two other sons, means the man and his ...
Brothers Inheritance RestoredEstate DisputeAfter much litigation including more than a dozen depositions, obtaining numerous medical records and various other relevant documents, expert medical testimony, and the beginnings of trial preparation, an estate dispute was settled on behalf of our client for $700,000. Our ...