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Dallas Estate Litigation and Planning Blog

Four Reasons to Consider Setting Up a Trust

You may not have thought about placing your assets in a trust. It might seem too complicated, or you may think it’s just not necessary at this time. And thinking about a trust also means thinking about not being around anymore, and that’s never pleasant. But there are some good reasons to consider seeing an estate planner and discussing the pros and cons of putting your assets in a trust.

If you have pressing questions for our attorneys, don’t hesitate to reach out to us today.

What Is a Trust?

living trust

Very simply, a trust is a big box where you can store your assets until you’re ready to give them to someone else. Unlike a will, which is a list of directions for giving away your things, a trust is more like a gift you give to others when you’re gone.

Once you place items in the trust, your assets will stay there until you take them back out again. In an irrevocable or unbreakable trust, nobody can take them out. They are there until you die, and they are given to the beneficiary. In a revocable trust, you can take things out, but the beneficiary cannot. In some cases, you or the beneficiary may receive payments from the trust, like stock dividend payments.

A trust lets you control who has access to your property, and when. Trusts also allow you to disburse some of your assets before you die and to provide for minor children or for disabled or special needs family members who may not be able to manage their own funds. Your estate planner will discuss the benefits of a trust with you. Contact us today.

Four Reasons To Establish Your Trust

You may think you don’t need a trust, but consider these benefits:

  • Control of your assets. The trust does not exist until it is made, but after that, the trustee has total control over the trust. You will be able to manage where your assets go, who has control of them, and when they are dispersed. For instance, if you want a trustee to handle your children’s finances until they are out of college, the trust structure provides the way for them to do that. Your children remain the beneficiaries and can receive payments from the trust.
  • Avoids probate. A trust goes into effect immediately upon the death of the grantor (you). At this point, the trust becomes irrevocable, and nothing can be changed, so there is no need for a judge to make any decisions about interpretation. The trustee can make any distributions needed and manage the other trust property as before.
  • Provide for minor, disabled, or spendthrift beneficiaries. By designating certain assets ahead of time for beneficiaries who will need a designated trustee, you can ensure these individuals are properly cared for. If you have beneficiaries whose access you want to restrict, there are ways to prevent them from receiving too much money at once.
  • Protection in case of disability. Living to extreme old age in good condition is no longer an impossibility, but assisted living facilities are not cheap. Placing your assets in a trust today can be a way to ensure you have the funds you need to live your twilight years in comfort rather than squalor.

Special Considerations

father with kidsIn some situations, you should always have trust arrangements in place. If you have a special needs child who is unable to live outside the home, long-term financial planning is a must. Someday you will not be there for your child, and you do not want to leave them to the kindness of strangers.

This is also true if you have a family history of any mental or physical degenerative diseases, such as Alzheimer’s or Parkinson’s disease. The worst that could happen is that you reach healthy old age with extra money in your trust.

How We Can Help

There is no wrong time to make your estate plan. If you have concerns about your future, you should start thinking about how you want to have your property managed when you are not here to do it. Financial planning is the best way to be sure your loved ones are cared for if you are not here to look after them.

Anyone can establish a trust, provided they have something to put into it. You don’t need to be wealthy or have lots of property to have a trust. If you want to discuss your estate plan, contact the Dallas estate planning lawyers of Staubus and Randall at 214-691-3411 for a free consultation to talk about your assets and the right kind of trust for you and your family. We have the experience you need.

The Firm

The attorneys at Staubus and Randall have over 100 years of combined experience in estate planning, probate, and litigation. We have the knowledge and skills to tackle complex legal issues, such as guardianships, will contests, fiduciary litigation, and trust litigation. We can also handle routine matters, such as estate administration, probating wills, heirship determinations, and other probate court matters.

Staubus and Randall received a preeminent AV rating from Martindale-Hubbell, which is the highest rating possible from a peer-rated legal service. This rating recognizes our hard work, dedication, and the case results we’re able to achieve.

Staubus & Randall Team

What Our Clients Say

"I recently had the occasion to hire Mr. Staubus for a hotly contested Guardianship matter. Mr. Staubus brought a rare combination of effectiveness, reasonableness and understanding of the human element involved. Mr. Staubus handled all things in a calm, highly competent, effective and reasonable way. It could not have been as easy as he made it seem. He's a credit to the Bar."

Jody

"Before retaining the guidance of the Staubus & Randall firm, I was at my wit's end trying to close an uncle's estate as a co-executor. In addition to dealing with difficult heirs, I had other pressing business issues coming up immediately on estate land in the middle of the Eagleford Shale including dealings with pipeline, seismic, oil & gas, and construction companies. The local bank also refused to give me access to information relating to the estate. This quickly became the most stressful and desperate time in my life...and then I found Joseph Legere who truly became my guardian angel. He was able to get all issues resolved efficiently and the estate fully closed. His professionalism, immense legal knowledge on a wide variety of topics, and amazing communication skills took the burdens off of me and quickly got closure. I am forever indebted to this firm for giving me my life back."

Martha

"Without exception, the legal service, professional attitude, prompt communication of your firm and your legal knowledge is second to none. I only wish I had an attorney here in Boston that could hold a candle to your experience and expertise. Working with you has been a pleasure, but even more, has made me believe that there are knowledgeable attorneys that do care about doing a good job. Thank you Keith! You may not truly understand how much of an impact you are having on peoples lives, but for me, you have helped change my life. As I begin making my dreams come true I can't help but remember none of this would be possible without you."

Joann

"Keith Staubus and Julie Blankenship and their team represented me in a jury trial in the probate court where the ownership of the business which I had worked hard to build was at stake. They successfully fought to preserve my business and my professional reputation, working masterfully to gain the support of the jury. I would not hesitate to hire them again in any bet-the-company litigation.”

Karen

"I have required legal representation twice in my life in two separate will contests. Both times I sought assistance from Keith Staubus and Staubus/Randall. Their service, approach, and determination to obtain results exceeded the other attorneys in each case. Mr. Staubus has always come across as genuine while being direct. He gets the process done in a timely manner with results. I will certainly use him again when and if any new challenges arise.”

David

"After my husband's death, I was devastated by having to defend against a vicious dispute over my husband's estate. Julie Blankenship and Keith Staubus made me feel very comfortable in this distressing situation. They were very tough and did an excellent job for me in obtaining a summary judgment in my favor without a full jury trial. I was glad to have them and Diane Walker in my corner to help me achieve an excellent result - I won! If I ever had to go back to probate court, I would hire them again.” - (will and trust construction case)

Flo

"If you need intervention for someone you love but don't know where to turn or who to turn to, Julie Blankenship and Keith Staubus helped me through the most difficult and stressful time in my life with a much loved family member. I now believe that good will triumph over evil. They fought for what was right, and good prevailed." (contested guardianship and will contest)

Janet

"As a professional money manager, I have used Ryan Randall's estate planning services both personally and for my clients. Ryan has exhibited three critical attributes in his work with me: (1) high intellectual capacity, (2) exceptional thoroughness, and (3) a total commitment to integrity. In today's litigious world, it can be quite costly not to "get things done right.” An added bonus to us was that we found one of the nicest people we could imagine.”

John

"I was represented by Keith Staubus as an income beneficiary in a lawsuit with the trustee of a family trust. Utilizing the expertise of a forensic accountant and his own trust expertise, Keith was able to negotiate a judicial modification of the trust providing for the buyout of my income interest for a substantial lump sum payment out of the trust, resulting in a win-win situation for all of the parties. I highly recommend Staubus/Randall for any trust disputes and trust modification actions."

Kathy

"I have been a wealth management specialist and retirement plan consultant with the Dallas/Fort Worth financial community for over 20 years. I have engaged Ryan Randall to work with a number of my best clients over the years, including business owners, professionals and families. My clients always appreciate Ryan’s straightforward approach to estate planning, asset protection planning and business succession planning. He makes even the most sophisticated estate planning strategies understandable."

Larry

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