Memphis Trust Lawyer

Trusts offer practical solutions for Tennesseans seeking to plan their legacy and protect loved ones responsibly. Trusts benefit people across the economic spectrum, not just the ultra-wealthy.

Whether you just bought your first home or have earned considerable assets, thoughtfully structuring how your property is distributed after death is crucial.

Without proper estate planning, your family could face unnecessary disputes, probate delays, legal costs, and tax burdens. This is where trusts can help – they provide a legally binding framework for asset management.

At Pickford Law, we help hardworking Memphis families properly structure trusts tailored to their goals and assets. Partner with our Memphis trust lawyer to ensure your legacy is protected.

What is a Trust?

At its core, a trust is a legal arrangement where a grantor transfers assets to a trustee who administers them for one or more beneficiaries. The grantor sets up the trust and determines its terms, like who will serve as trustee, who the beneficiaries will be, and when/how they will receive distributions.

The appointed trustee would manage the assets within the trust on an ongoing basis per the trust’s guidelines. They ensure the assets are maintained and distributed at the right times to the beneficiaries. Those distributions can be set up differently depending on each family’s unique needs and financial goals.

A properly structured trust allows you to exert significant control over what happens to your assets long after you’re gone. Trusts can also minimize estate taxes, avoid the delays of probate, and offer protection against creditors or divorce proceedings.

Different Types of Trusts and Their Uses

There are several types of trusts, each with unique pros, cons, and best uses depending on a family’s specific circumstances and goals. An experienced estate planning attorney can help you select the trust structure that is most appropriate for your situation.

Revocable Living Trust

This trust avoids probate and allows you to modify the trust terms while alive. The assets transferred into the revocable trust remain under your control during your lifetime. Many use revocable living trusts as a primary estate planning tool to prepare for incapacity and distribute assets after death outside of probate.

Irrevocable Trust

An irrevocable trust provides potential tax advantages, as assets transferred are no longer counted for estate tax purposes. However, as the name implies, an irrevocable trust cannot be altered or amended once properly executed. The grantor effectively relinquishes complete control over the assets placed into the trust. Irrevocable trusts are often used for tax planning purposes and can also protect assets from creditors.

Testamentary Trust

A testamentary trust is created within your last will and testament, going into effect only after your death. This allows you to maintain full control over the assets during your lifetime. Upon passing, the testamentary trust operates outside of probate and instructs how the assets should be managed and distributed to beneficiaries.

Special Needs Trust

A special needs trust is designed to benefit a beneficiary with disabilities or special needs. The assets held within the trust are intended to supplement the public benefits that a special needs individual may be receiving. The funds and distributions are structured to not interfere with means-tested government benefits.

Asset Protection Trust

Asset protection trusts shield assets like rental property, a business, or investments from future lawsuits and creditors. These irrevocable trusts hold assets that may be at higher risk for litigation claims, separating them from the owner’s wealth as a liability protection strategy. Proper setup is crucial to preserve eligibility for asset protection benefits.

Spendthrift Trust

A spendthrift trust protects assets from beneficiaries’ creditors and misuse by restricting interest transfers and limiting distributions. It can help manage inheritance for financially irresponsible beneficiaries or those vulnerable to outside claims.

By structuring payments on specific conditions or intervals, spendthrift trusts prevent beneficiaries from squandering assets or exposing the principal to lawsuits, divorce proceedings, foreclosures, or other liabilities. Spendthrift provisions require experienced drafting to withstand legal challenges.

Again, the most appropriate trust structure depends on each family’s financial situation, assets, tax considerations, and ultimate intentions for their legacy. A skilled attorney can explain the nuances of different trusts in-depth to help identify optimal solutions for your unique circumstances and goals.

Key Benefits Trusts Can Provide for Tennessee Families

Given the flexibility in designing trusts, they can accomplish many important objectives for Tennessee families looking to protect their legacy, including:

  • Avoiding Probate: A properly funded living trust lets your assets transfer immediately to beneficiaries upon death, avoiding the court process of probate. This significantly reduces legal fees, delays, and headaches for loved ones.
  • Tax Minimization: Trusts allow utilization of your full federal estate tax exclusion amount (over $13.61 million per person in 2024) and other strategies to minimize estate taxes.
  • Protection From Creditors: Trust assets are generally shielded from personal debts or liabilities. Trusts also protect in cases of divorce.
  • Special Needs Planning: Special needs trusts allow disabled beneficiaries to receive trust distributions without impacting their eligibility for government benefits like Medicaid or SSI.
  • Control of Inheritances: Trusts empower you to place conditions or restrictions around inheritances if desired, for instance, requiring the beneficiary to reach a certain age.
  • Facilitating Transfer of Complex Assets: Assets like real estate or a family business can be seamlessly transferred to the next generation.
  • Supporting Charitable Causes: Charitable trusts allow you to leave a legacy gift to a nonprofit from your estate.

While trusts offer numerous benefits, they must be thoughtfully structured and aligned with your intentions. Working with an estate planning law firm to craft a customized trust allows you to provide for your loved ones and causes in the specific manner you envision.

Well-designed trusts not only optimize taxes and transfers but provide meaningful legacy planning that only you can define based on your family relationships and values.

Working With a Knowledgeable Memphis Trust Attorney

Given the complex rules governing trusts and estates, working with an experienced attorney ensures your trust achieves your goals and withstands legal scrutiny.

Knowledgeable attorneys don’t just draft your documents. We provide indispensable guidance, such as:

  • Customizing the trust specifics to your family’s needs and assets. No two trusts should be identical.
  • Navigating the dense tax rules to maximize strategies for you.
  • Advising you on the suitability of different trust structures and their pros/cons.
  • Modifying the trust in response to changing tax laws or family circumstances.

Let Our Memphis Trust Attorneys Help Secure Your Legacy

Planning for your legacy is deeply personal. More than just finances, it is about protecting your family’s well-being for generations. At Pickford Law, we appreciate each client’s unique wishes and special relationships.

Whether you desire probate avoidance, tax minimization, asset protection, or specialized planning for a loved one, thoughtfully structured trusts can help provide for those you care about most.

Our experienced Memphis trust attorneys know Tennessee law inside and out. We have fine-tuned the ability to translate your legacy intentions into customized documents that properly establish your trust.

Don’t leave your family’s future to chance – solid estate planning gives you control and peace of mind. Contact our office today to schedule a consultation with a Memphis trust lawyer. Together, we can ensure your trust achieves everything you envision for those you hold dear.


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