Plain and Simple: Bright Business Insights Winter 2019 | Page 11
will is present, probate is court-supervised process of gathering and
distributing a person’s assets after death. Those who set up a trust,
however, can avoid this process.
At its core, probate is a way to boil your assets down to dollars and
cents to ensure that your creditors are paid before distributing your
estate to your beneficiaries. The entire process can be time-consuming
and, depending on the state, can be a costly exercise. On the other
hand, when you set up a trust, you effectively establish a legal means
by which you can bypass probate and quickly move your assets on
to their intended beneficiaries. Moreover, when guarded by a trust,
your estate is also protected from any creditors or lawsuits that may be
burdening your beneficiaries.
With a trust, you and you alone get to determine how your estate will
be used long after your death. This level of control allows you to
provide ongoing support for minor children, dependents with special
needs or family members who are incapacitated. It can also help you
maintain a lasting philanthropic legacy in your community or even
make future plans that will ease financial burdens on your family or
church for many years to come. Moreover, your wishes can be carried reigns. To this end, your business’s operating agreement will help to
out more efficiently – without having to navigate the hurdles of the ensure that the day-to-day tasks are covered. For ongoing maintenance
court system. For example, those who try to make decisions on behalf and decision-making authority, an established trust will allow you to
of someone who is incapacitated or a member of the family with determine leadership authority until your children or other successors
special needs, per the request of your will or through the establishment are ready to take part in the business. Finally, a will actually assists
of legal guardianship, are likely to be held up by the fact that all you with the distribution of your assets while ensuring that nothing
financial decisions are required to flow through probate. With a trust, is overlooked.
on the other hand, your ability to name a trustee effectively allows
your trustee to bypass the court process, which results in a streamlined
decision-making process.
If you would like to learn more about the benefits of setting up a trust,
give me a call. I would be happy to review your unique situation to help
you find out if this option makes sense for you.
Finally, and we really can’t overstate this point enough (especially if
your assets total more than $11.2 million or $22.4 million for married
couples), the estate and gift tax benefits associated with establishing
a trust are huge. Estate taxes can take a large bite out of the wealth
you’ve worked so hard to accumulate. But with a trust and a little
planning, you can effectively reduce this tax bill.
Business Continuity You Can Trust
Business owners, in particular, have more than a few reasons to
consider the addition of a trust. In addition to the points outlined
above, a trust (when used along with an operating agreement and
will) can provide you with the privacy, security and continuity you
can depend on to maintain a strong and successful multi-generational
business. As a business owner, your ultimate goal is to ensure that
your business continues to run regardless of whether you’re at the
by:
David Shallenberger, CPA
Senior Manager
545 North Market Street
Wooster, OH 44691
234.249.3455
[email protected]