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How to create an effective trust in Delaware

On Behalf of | Jan 24, 2022 | Estates and Trusts Mediation

When creating an estate plan, one of the most important things to consider is creating an effective trust. Trusts can be very useful tools in estate planning, but it’s important to make sure that it’s set up correctly. If you don’t establish a trust properly, it could lead to estate and trust disputes down the road.

What is a trust?

A trust is a legal arrangement in which property is transferred to a trustee, who holds it for the benefit of the beneficiaries. The trustees are usually appointed by the person creating the trust, and they have a duty to manage the property in accordance with the instructions set out in the trust document. Notably, creating a trust is a great way to avoid probate.

How can you create an effective trust?

Firstly, you need to ensure that the trust document is clear and concise. The terms of the trust should be easy to understand, and the trustees should have a copy of the document so that they can refer to it if necessary.

You also need to make sure that you appoint competent trustees. The trustees will be responsible for managing the property in the trust, so it’s important to choose people who are capable of handling this responsibility. This will help you reduce the chances of experiencing an estate and trust dispute down the road.

Finally, you need to make sure that the trust is well funded. The property in the trust should be sufficient to cover the costs associated with managing it. If there isn’t enough money in the trust, the trustees may have to come up with the funds themselves, which can be difficult.

Creating a trust can be a great way to protect your estate, so it’s important to do it correctly. Among other things, make sure you have a clear trust document, appoint competent trustees, and make sure the trust is well funded to achieve your estate planning goals.