What are the Different Types of Trusts Available in New York?

People have many different options for how they can set up their estate plans. These options can vary depending on what a person wants from their estate plan in order to protect their assets in the future. One possibility is the creation of a trust. When creating an estate plan, it is important to retain the services of an experienced New York estate planning attorney for assistance.

What is a Trust?

The individual who creates a trust is known as a trustor. The person who receives the assets within the trust is known as a beneficiary. A third party exists as well to manage the trust on behalf of the beneficiary. This person is known as the trustee. Simply put, a trust is an agreement that provides a trustee with the authority to take care of the assets within it until the beneficiary inherits them.

Types of Trusts

There is not one sole trust option that works for all people. Instead, there are different types of trusts that serve their own purposes. This allows a trustor to make it specific for the party who will inherit it. The types of trusts can include:

  • Revocable Trust: This is a common choice for trustors, as it can be modified, changed, or terminated at any moment without the need for the beneficiary’s permission.
  • Irrevocable Trust: This requires a trustor to give up their rights and access to the trust when it is created. This means they cannot change or terminate it at any time.
  • Irrevocable Life Insurance Trust: This allows a trustor to remove their life insurance from the estate plan so the beneficiaries are free from any taxes that are placed on it.
  • Charitable Trust: There are two types of charitable trusts. A charitable leads trust lets the individual’s choice of charity to receive interest from the financial gift for a period of time. When the period ends, the remaining assets may go to other beneficiaries. A charitable remainder trust allows charities to receive the assets in a trust at the end of its term. Until then, the donor receives interest on the gift.
  • Special Needs Trust: This can be created for a loved one with a disability to make sure they receive the financial support they need throughout their life.

Contact our Firm

If you or a loved one needs assistance creating an estate plan and wish to speak with an experienced attorney, contact the Law Office of Andres D. Gil, PLLC today.

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