{"id":4289,"date":"2017-11-01T21:20:00","date_gmt":"2017-11-01T21:20:00","guid":{"rendered":"https:\/\/fusionwm.com\/?p=4289"},"modified":"2022-10-13T21:27:49","modified_gmt":"2022-10-13T21:27:49","slug":"wills-trusts-and-fiduciaries-the-foundations-of-your-rock-solid-estate-plan","status":"publish","type":"post","link":"https:\/\/fusionwm.com\/wills-trusts-and-fiduciaries-the-foundations-of-your-rock-solid-estate-plan\/","title":{"rendered":"Wills, Trusts and Fiduciaries: The Foundations of Your Rock-Solid Estate Plan"},"content":{"rendered":"\n<figure class=\"wp-block-image size-large\"><img fetchpriority=\"high\" decoding=\"async\" width=\"1024\" height=\"413\" src=\"https:\/\/fusionwm.com\/wp-content\/uploads\/2022\/10\/Screen-Shot-2022-10-13-at-3.26.21-PM-1024x413.jpg\" alt=\"\" class=\"wp-image-4292\" srcset=\"https:\/\/fusionwm.com\/wp-content\/uploads\/2022\/10\/Screen-Shot-2022-10-13-at-3.26.21-PM-1024x413.jpg 1024w, https:\/\/fusionwm.com\/wp-content\/uploads\/2022\/10\/Screen-Shot-2022-10-13-at-3.26.21-PM-300x121.jpg 300w, https:\/\/fusionwm.com\/wp-content\/uploads\/2022\/10\/Screen-Shot-2022-10-13-at-3.26.21-PM-768x310.jpg 768w, https:\/\/fusionwm.com\/wp-content\/uploads\/2022\/10\/Screen-Shot-2022-10-13-at-3.26.21-PM-1536x620.jpg 1536w, https:\/\/fusionwm.com\/wp-content\/uploads\/2022\/10\/Screen-Shot-2022-10-13-at-3.26.21-PM.jpg 1838w\" sizes=\"(max-width: 1024px) 100vw, 1024px\" \/><\/figure>\n\n\n\n<div style=\"height:29px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<p>Among today\u2019s top business owners, family is paramount. Taking care of loved ones is the No. 1 reason entrepreneurs seeking to become seriously wealthy want so much wealth, according to our research.<\/p>\n\n\n\n<p>Certainly, you expect to use your wealth to take care of family in the here and now\u2014health care, travel, college tuition and the like. But chances are you haven\u2019t thought nearly as much about positioning your assets so they\u2019re ready and able to help the people you love <em>after <\/em>you\u2019re gone. Even if you have made some headway in this area, your plan for your estate is probably a little<a>\u2014<\/a>and maybe a lot\u2014out of date.<\/p>\n\n\n\n<p>If that describes your situation, don\u2019t fret. Even as a successful entrepreneur with many moving parts to your finances, you can get on track by focusing on just three main areas of estate planning: wills, trusts and fiduciaries.<\/p>\n\n\n\n<p>Here\u2019s how to do it.<\/p>\n\n\n\n<div style=\"height:33px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h1 class=\"has-text-color wp-block-heading\" style=\"color:#1d49a7\">Where there\u2019s a will, there\u2019s a way<\/h1>\n\n\n\n<p>Read this next sentence three times in a row: <em>Everyone should have a will.<\/em><\/p>\n\n\n\n<p>Got it? A will should be the basic foundation of every estate plan\u2014the starting point for a well-conceived strategy to transfer assets at death.<\/p>\n\n\n\n<p>A will identifies precisely what you want to have happen to your assets and estate. Dying without a will means you have decided that the state knows what\u2019s best for you and your family. In addition, dying without a will means you want to make the settling of your estate as difficult, as costly and as public as possible.<\/p>\n\n\n\n<p>As with any decision, there are both positives and negatives to a will. That said, we strongly believe the benefits of writing a will far outweigh the drawbacks.<\/p>\n\n\n\n<p>Advantages:<\/p>\n\n\n\n<ul><li>You decide on the disposition of your hard-earned wealth.<\/li><li>Estate taxes are mitigated\u2014especially when the will is part of a broader estate plan.<\/li><li>You specify who the fiduciaries will be.<\/li><\/ul>\n\n\n\n<p>Disadvantages:<\/p>\n\n\n\n<ul><li>You have to accept that one day\u2014far in the future\u2014you just might die.<\/li><li>There is a legal cost associated with writing up a will and with estate planning.<\/li><\/ul>\n\n\n\n<div style=\"height:33px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h1 class=\"has-text-color wp-block-heading\" style=\"color:#1d49a7\">Trust in trusts<\/h1>\n\n\n\n<p>The second component of a smart estate plan is often a trust. A trust is nothing more than a means of transferring property to a third party\u2014the trust. Specifically, a trust lets you transfer title of your assets to trustees for the benefit of the people you want to take care of\u2014aka your selected beneficiaries. The trustee will carry out your wishes on behalf of your beneficiaries.<\/p>\n\n\n\n<p>Trusts are ingenious. You can use them in all sorts of ways to transfer your wealth and determine how it\u2019s to be deployed. They also can prove to be very useful in shielding your assets from plaintiffs and creditors.<\/p>\n\n\n\n<p>In crafting a trust, you are limited only by your own imagination, the ingenuity of your financial and legal advisors, and (of course) the law. As long as you do not establish a trust for an illegal purpose, you have an awful lot of leeway.<\/p>\n\n\n\n<div style=\"height:33px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h1 class=\"has-text-color wp-block-heading\" style=\"color:#1d49a7\">Types of trusts<\/h1>\n\n\n\n<p>Broadly speaking, there are two types of trusts: <strong>living<\/strong> (established while you are alive) and <strong>testamentary<\/strong> (created by your will after you\u2019ve passed).&nbsp;<\/p>\n\n\n\n<p>Additionally, there are two fundamental trust structures.<\/p>\n\n\n\n<ul><li>A <strong>revocable trust<\/strong> allows you to retain full control over the assets in the trust.\u00a0 You can add or take out money as well as change the terms of the trust. However, the assets will be included in your taxable estate upon death.<\/li><li>An <strong>irrevocable trust <\/strong>is one to which you cannot make any changes. To obtain the tax savings that can come with trusts, you have to relinquish control of the trust while you are alive. By transferring control of assets to an irrevocable trust, you have placed those outside your estate\u2014that is, you no longer own them.\u00a0 The trust does.<\/li><\/ul>\n\n\n<div class=\"wp-block-image\">\n<figure class=\"aligncenter size-full\"><img decoding=\"async\" width=\"470\" height=\"254\" src=\"https:\/\/fusionwm.com\/wp-content\/uploads\/2022\/10\/image-193.png\" alt=\"\" class=\"wp-image-4290\" srcset=\"https:\/\/fusionwm.com\/wp-content\/uploads\/2022\/10\/image-193.png 470w, https:\/\/fusionwm.com\/wp-content\/uploads\/2022\/10\/image-193-300x162.png 300w\" sizes=\"(max-width: 470px) 100vw, 470px\" \/><\/figure><\/div>\n\n\n<div style=\"height:33px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h1 class=\"has-text-color wp-block-heading\" style=\"color:#1d49a7\">Living trusts<\/h1>\n\n\n\n<p>A living trust is becoming more and more popular to avoid the cost of probate.<\/p>\n\n\n\n<p>In the probate process, your representatives \u201cprove\u201d the validity of your will. The probate process also gives any creditors the opportunity to collect their due before your estate is passed to your heirs. There may be a long delay in settling your estate as it goes through probate. To add salt to the wound, probate can be costly.<\/p>\n\n\n\n<p>A living trust can avoid or mitigate the effects of probate. It is a revocable trust that you establish and of which you are also typically the sole trustee. The assets in your living trust avoid probate at death, and are instead distributed to your heirs according to your wishes.<\/p>\n\n\n\n<p>Living trusts come with some attractive benefits, including the following:<\/p>\n\n\n\n<ul><li>In contrast to a will, a living trust provides <em>privacy<\/em>. Those not inheriting need not be told who has inherited what, unless someone chooses to tell them. With a living trust, professional management can come in to take care of administering the trust.<\/li><li>If you own property in another state and fund it into your living trust, you will avoid a second probate on that asset that can be costly.<\/li><li>In the event of your incapacity, a living trust can provide for private management of your assets and affairs and avoid public probate court involvement.<\/li><\/ul>\n\n\n\n<p><strong>Mistake to avoid:<\/strong> To make a living trust meaningful, it must be funded. That is, the assets you want in the trust must be transferred to it. If you set up a trust but mistakenly never fund it, probate will not be avoided. You can also write your will to ensure that assets you want in the trust that are not there when you die are transferred to your living trust.<\/p>\n\n\n\n<p>Living trusts are sometimes said to be superior to a will, but that is certainly not the case for everyone. It\u2019s important that you understand how the two compare (see Exhibit 1).<\/p>\n\n\n<div class=\"wp-block-image\">\n<figure class=\"aligncenter size-full\"><img decoding=\"async\" width=\"768\" height=\"286\" src=\"https:\/\/fusionwm.com\/wp-content\/uploads\/2022\/10\/image-194.png\" alt=\"\" class=\"wp-image-4291\" srcset=\"https:\/\/fusionwm.com\/wp-content\/uploads\/2022\/10\/image-194.png 768w, https:\/\/fusionwm.com\/wp-content\/uploads\/2022\/10\/image-194-300x112.png 300w\" sizes=\"(max-width: 768px) 100vw, 768px\" \/><\/figure><\/div>\n\n\n<p>Is a living trust for you? It depends on your particular situation. Nevertheless, you should certainly consider it in consultation with your advisor or wealth manager.<\/p>\n\n\n\n<div style=\"height:33px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h1 class=\"has-text-color wp-block-heading\" style=\"color:#1d49a7\">The role of fiduciaries<\/h1>\n\n\n\n<p>A fiduciary is a person or organization that is ethically and legally bound to act in the best interests of another person and to oversee that person\u2019s finances.&nbsp;<strong><\/strong><\/p>\n\n\n\n<p>\u00a0<br>For example, with respect to your will, you need to name an executor. When it comes to trusts, someone or some institution has to be the trustee. And if you have children who are minors, it is imperative that you name a guardian for them\u2014the person or people who are willing and able to take care of your children if anything were to happen to you and your spouse.<\/p>\n\n\n\n<div style=\"height:33px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h1 class=\"has-text-color wp-block-heading\" style=\"color:#1d49a7\">Executors and trustees<\/h1>\n\n\n\n<p>After you\u2019re gone, wouldn\u2019t it be nice if there were someone who would make decisions concerning the disposition of your estate as you would have? When you name an executor of your will, this is possible.<\/p>\n\n\n\n<p>An executor has a number of responsibilities, including these:<\/p>\n\n\n\n<ul><li>Collecting and organizing your assets<\/li><li>Paying debts you owe<\/li><li>Acting as a collection agency for money due to you<\/li><\/ul>\n\n\n\n<ul><li>Handling all necessary tax matters&nbsp;<\/li><li>Ensuring that assets are distributed to beneficiaries<\/li><\/ul>\n\n\n\n<p>When you set up a trust, you are specifying how you want a situation managed in the future. It is the responsibility of the trustee to make sure that your wishes are carried out. The explicit responsibilities of the trustee vary depending on the nature of the trust you have set up, but may include the following:<\/p>\n\n\n\n<ul><li>Ensuring the proper tax forms are filed correctly and on time<\/li><li>Making investment decisions<\/li><li>Working with beneficiaries<\/li><\/ul>\n\n\n\n<div style=\"height:33px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h1 class=\"has-text-color wp-block-heading\" style=\"color:#1d49a7\">Guardians<\/h1>\n\n\n\n<p>There are three key standards that you need to follow in making this decision:<\/p>\n\n\n\n<ol type=\"1\"><li>Will the guardian(s) love your children?<\/li><li>Are the guardian(s) capable of doing a good job raising your children?<\/li><li>Do you think the guardian(s) are going to raise your children with the same morals and values as you have?<\/li><\/ol>\n\n\n\n<p>Sometimes, the decision about who should be guardian of your children is obvious. Example: Your sister-in-law wants the responsibility, and you are confident she will do an excellent job as she has the same views on raising children as you do.&nbsp;<\/p>\n\n\n\n<p>But many times the \u201cright\u201d person or couple doesn\u2019t exist. Keep in mind that your decisions are not set in stone. As circumstances change, you should adjust your decisions accordingly. You can change your will or, for that matter, your entire estate plan anytime your situation changes.<\/p>\n\n\n\n<p><strong>Pro tip:<\/strong> An often-used strategy is to put control of the money in the hands of a trustee and make someone else the children\u2019s guardian. This way, the trustee will make sure the monies earmarked for the children will indeed get to them.<\/p>\n\n\n\n<div style=\"height:33px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<h1 class=\"has-text-color wp-block-heading\" style=\"color:#1d49a7\">Your next move<\/h1>\n\n\n\n<p>We find that about 85 percent of the estate plans that successful business owners have in place are more than five years old. That\u2019s more than enough time for changes in tax laws, changes in your business\u2019s fortunes and your personal wealth, and changes in your family situation to make your plan outdated and out of touch with your wishes. We recommend that your estate plan be reviewed every year or two. The review should be conducted by a high-caliber wealth manager or tax professional\u2014one who takes the time to learn what\u2019s changed since you put your solutions in place, assess how those changes might impact your strategy, and make recommendations for getting your solutions current and in accordance with your wishes.<\/p>\n\n\n\n<div style=\"height:33px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\"\/>\n\n\n\n<div style=\"height:30px\" aria-hidden=\"true\" class=\"wp-block-spacer\"><\/div>\n\n\n\n<p>This report was prepared by, and is reprinted with permission from, VFO Inner Circle.&nbsp; AES Nation, LLC is the creator and publisher of VFO Inner Circle reports.<\/p>\n\n\n\n<p>Disclosure: The opinions expressed in this commentary are those of the author and may not necessarily reflect those held by Kestra IS or Kestra AS. The material is for informational purposes only. It represents an assessment of the market environment at a specific point in time and is not intended to be a forecast of future events, or a guarantee of future results. It is not guaranteed by Kestra IS or Kestra AS for accuracy, does not purport to be complete and is not intended to be used as a primary basis for investment decisions. It should also not be construed as advice meeting the particular investment needs of any investor. Neither the information presented nor any opinion expressed constitutes a solicitation for the purchase or sale of any security. Securities offered through Kestra Investment Services, LLC (Kestra IS), member FINRA\/SIPC. Investment advisory services offered through Kestra Advisory Services, LLC (Kestra AS), an affiliate of Kestra IS.<\/p>\n\n\n\n<p>Fusion Wealth Management is not affiliated with Kestra IS or Kestra AS. <a href=\"https:\/\/www.kestrafinancial.com\/disclosures\" target=\"_blank\" rel=\"noreferrer noopener\">https:\/\/www.kestrafinancial.com\/disclosures<\/a><\/p>\n\n\n\n<p>VFO Inner Circle Special Report<br>By Russ Alan Prince and John J. Bowen Jr.<br>\u00a9 Copyright 2021 by AES Nation, LLC. All rights reserved.<\/p>\n\n\n\n<p>No part of this publication may be reproduced or retransmitted in any form or by any means, includ- ing, but not limited to, electronic, mechanical, photocopying, recording or any information storage retrieval system, without the prior written permission of the publisher. Unauthorized copying may subject violators to criminal penalties as well as liabilities for substantial monetary damages up to $100,000 per infringement, costs and attorneys\u2019 fees.<\/p>\n\n\n\n<p>This publication should not be utilized as a substitute for professional advice in specific situations. If legal, medical, accounting, financial, consulting, coaching or other professional advice is required, the services of the appropriate professional should be sought. Neither the authors nor the publisher may be held liable in any way for any interpretation or use of the information in this publication.<\/p>\n\n\n\n<p>The authors will make recommendations for solutions for you to explore that are not our own. Any recommendation is always based on the authors\u2019 research and experience.<\/p>\n\n\n\n<p>The information contained herein is accurate to the best of the publisher\u2019s and authors\u2019 knowledge; however, the publisher and authors can accept no responsibility for the accuracy or completeness of such information or for loss or damage caused by any use thereof.<\/p>\n\n\n\n<p>Unless otherwise noted, the source for all data cited regarding financial advisors in this report is CEG Worldwide, LLC. The source for all data cited regarding business owners and other professionals is AES Nation, LLC.<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Among today\u2019s top business owners, family is paramount. Taking care of loved ones is the No. 1 reason entrepreneurs seeking to become seriously wealthy want so much wealth, according to our research. Certainly, you expect to use your wealth to take care of family in the here and now\u2014health care, travel, college tuition and the [&hellip;]<\/p>\n","protected":false},"author":21,"featured_media":4293,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v22.6 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Wills, Trusts and Fiduciaries: The Foundations of Your Rock-Solid Estate Plan - Fusion Wealth Management<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/fusionwm.com\/wills-trusts-and-fiduciaries-the-foundations-of-your-rock-solid-estate-plan\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Wills, Trusts and Fiduciaries: The Foundations of Your Rock-Solid Estate Plan - Fusion Wealth Management\" \/>\n<meta property=\"og:description\" content=\"Among today\u2019s top business owners, family is paramount. 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Taking care of loved ones is the No. 1 reason entrepreneurs seeking to become seriously wealthy want so much wealth, according to our research. 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