South Dakota Trusts Attorneys

Experienced Trust Attorneys for Asset Protection & Distribution

While trusts seem reserved only for the wealthy, they are actually very practical tools for people from any background. In essence, a trust is simply an agreement between someone who owns property (called the "trustor") and a person who oversees the property (referred to as the "trustee") until it is passed on to a designated recipient (known as the "beneficiary"). With decades of experience helping clients form and manage trusts, you can count on Aspen Legacy Planning to help you with your estate planning needs. Our trust lawyers are happy to answer any of your questions – do not hesitate to reach out today.

Understanding Living Trusts in South Dakota

A living trust, sometimes referred to as a revocable trust, is a legally binding document that permits you to allocate your assets into a trust for your advantage throughout your life, and it outlines the distribution of these assets to your chosen beneficiaries upon your death. The person creating the trust is often the trustee, managing their own assets in the trust. If the trustee dies or becomes incapacitated, a successor trustee steps in.

Advantages of a Revocable Living Trust

One major advantage of a living trust is that it circumvents probate, which is the legal process of distributing a deceased person's assets. Probate can often be lengthy and costly, so avoiding it can save time and money. Additionally, a living trust ensures privacy, as unlike a will, the details of the trust aren't publicly accessible.

Living Trusts also offer flexibility, allowing you to alter or dissolve the trust at any time during your lifetime, assuming you're mentally competent. This is particularly beneficial if your circumstances or wishes change.

Considerations Before Creating a Living Trust

However, there are some downsides to consider. Creating a living can be more complex and expensive upfront than drafting a simple will. Additionally, you must transfer ownership of your property to yourself as the trustee, which can be time-consuming. Also, a living doesn't eliminate the need for a will entirely. For instance, you'll still need a will to appoint guardians for minor children and to address any assets not included in the trust. Finally, while a living trust can help avoid probate, it doesn't shield assets from creditors or estate taxes.

Why Establish a Trust in South Dakota?

Trusts can be created for many different purposes. For some, a trust is a way to put money somewhere it can be accessed by their family for generations to come. For others, a trust can be used to pay for medical expenses in advance to reduce their available liquid assets when applying for Medicaid.

Types of Trusts for Estate Planning

• Revocable Living Trusts: Assign your property to beneficiaries while retaining control.
• Stand-alone Retirement Plan Trusts: Secure your IRA for your heirs.
• Asset Protection Trusts: Structure your assets to safeguard from creditors.
• Gun Trusts: Legally pass on firearms to your chosen beneficiaries.

While the process of planning your estate is without a doubt stressful, it is important to approach the endeavor from the perspective of the value you will likely gain. A bit of paperwork now could mean that your loved ones get to honor your legacy without the added headaches of trying to divine your unexpressed will.