Establishing a trust could be a practical approach when implementing asset protection measures. Some may think it is a straightforward process, but it could be more complex based on the situation. Most of the time, creating a trust involves various decisions necessary to make it as effective as possible, such as making trustee appointments.
The appropriate way to finalize this detail depends on the type of trust and its creator’s needs. In some instances, it can be crucial to appoint a successor trustee. This role is often necessary if the following conditions exist:
- The settlor created a revocable living trust and set it up, appointing themselves as the trustee.
- The settlor only intends to relinquish control over the trust after death when the successor trustee can take over.
- The trust’s creator established it with specific instructions and goals in mind that the successor trustee would uphold, including any transfers or other terms.
- The settlor has various complex assets that might require further management after their death, warranting a successor trustee to oversee any requirements.
Sometimes, a successor trustee’s duties seem similar to an executor’s. However, there are some distinct differences in the duration of the position. If the trust involves terms that require an heir to receive their inheritance after or throughout an extended period, the successor trustee remains active in implementing these wishes until fulfilled. Meanwhile, an executor’s duties usually end after concluding the probate process.
Choosing the most appropriate asset protection method
When deciding how to protect your assets, the process begins with choosing which tool suits the circumstances. Multiple considerations can be relevant, such as the needs of surviving family members and the requirements to manage assets properly. At this stage, seeking legal guidance can be helpful, mainly when determining what trust type and trustee appointments are appropriate.
