什么是信托

There are many tools that can be used for estate planning in 印第安纳州, including trusts. There are different types, and they each serve the purpose of helping you achieve your goals. Just like any time you work with tools, you need the right one for the job. Estate planning tools are not just for the wealthy or elderly and can prove to be invaluable to you and your family no matter your income level or age.

印第安纳州信托要求

A trust is a legal way of holding, managing and distributing property. There are many different kinds of trusts, but they have some things in common. To be legally valid, a trust needs to have four elements:

• 一定有人创建了这个信托. That person is the “trustor” or the “grantor.”
• The trust must contain some kind of asset, usually called the “corpus.”
• There must be someone taking care of or managing the trust and distributing its assets or income as directed. 这个人就是“受托人”.”
• 信托必须有一个目的. 可以分配信托财产, 或者信托财产产生的收入, 对一个人来说, a group of people or an organization such as a church or charity. The person, people or organization benefiting from the trust is the “beneficiary.”

印第安纳州常见的信托类型

The following types of trusts are used in estate planning.

• 可撤销生前信托: The Revocable Living Trust (RLT) is often created so beneficiaries can avoid the probate process (how a will is approved by a court). 取决于地产, probate may be a long and expensive process and typically requires the estate to hire a lawyer. RLT可以确保, 在授予人死后, the trust assets go to the grantor’s intended beneficiaries without a lengthy and expensive court process. Revocable trusts can be changed in the future.
• 不可撤销生前信托: It can be drafted in compliance with Medicaid law 帮助 a family preserve their assets so that they don’t lose a lifetime of savings to pay for nursing home care. Medicaid is the federal program to aid the indigent. It’s also the largest payer for nursing home residents and requires a low level of assets to qualify. Through an irrevocable living trust a person would own few or no assets, but the assets they earned over their lives would be held in trust and be used 帮助 them during their lifetime. Irrevocable trusts cannot be changed in the future.
• Qualified Income Trust (Miller Trust or QIT): This protects assets when an individual applying for Medicaid has too much income. It’s so high it exceeds the amount allowed by Medicaid eligibility rules. QIT是一种不可撤销的信任.
• 遗嘱信托: It’s created through explicit instructions in a will of a deceased individual. This type of irrevocable trust is used to leave assets to a beneficiary but only at a specified time and takes effect upon the grantor’s death.  这种信托不回避遗嘱认证. 它实际上需要遗嘱认证才能生效.
• 特殊需要信托基金: These trusts benefit individuals with special needs (normally due to some type of disability) and are intended to hold assets meant to benefit the individual which come from a third party, 比如父母, other family members or the proceeds of a personal injury lawsuit. These trusts provide for the person’s care and comfort after using up government benefits. 没有这份信任, special needs individuals that receive financially based government benefits may lose those benefits.
• 小的信任: It passes assets to a child and provides for management of those assets until the child reaches a certain age specified by the grantor. 当受益人达到指定年龄时, he or she assumes full control of the assets and the trust ceases to exist. This trust avoids expensive proceedings such as appointing a guardian to manage the assets the child inherits before he or she turns 18 years old.  This arrangement holds all assets in the trust secure for the minor child, and the grantor receives no income from the trust’s assets.
• VA资格信托: Like other trusts meant 帮助 a loved one become eligible for long term care, these trusts protects assets outside asset limits to qualify for VA assisted living, in-home care or nursing care and ensures eligibility for that care if and when it’s needed.

Where to go for help with creating an 印第安纳州 trust

许多家庭都依赖丘奇, 兰登, Lopp, Banet Law to answer their estate planning questions. 我们经验丰富的 遗产规划律师 represent and counsel families and their loved ones with the legal and financial issues that come with the creation of trusts, 包括老化, 残疾和严重疾病.

Whether you’re planning for your own future or for the future of a loved one, please consider allowing us 帮助 you navigate the law and determine which trust is right for you. Contact us today to start finding solutions: complete our online form, or give us a call.

律师加里·巴内特

Gary is licensed to practice law in both 印第安纳州 and 肯塔基州. He concentrates his practice in estate planning, 遗产及信托管理, 遗产及信托诉讼, 监护, 老年人法和特殊需求规划. 加里赢得了他的J。.D. 来自路易斯维尔大学，路易斯D. Brandeis School of Law, and formerly practiced law at Bingham Greenebaum Doll and Wyatt, Tarrant & 库姆斯. [ 律师生物 ]