The Advantages of Creating a Dynasty Trust

A Dynasty Trust is a type of trust fund that is designed to allow its grantor to pass their wealth from generation to generation.

The beneficiaries of the trust are the descendants of the grantor. In addition to existing children and grandchildren, this would include generations and persons not yet born.

The terms of the trust will be specified by the grantor and, as with most trust funds, a trustee is retained to handle the daily operations of the fund. The trustee’s role will also include the handling of all investments and distributions. It is not recommended that any beneficiary of this type of fund be assigned as trustee.

This type of trust fund is irrevocable, just like an irrevocable income only trust. Once funded, the grantor no longer has control of the assets and will not be able to access the assets or amend the trust terms.

All distributions of the trust fund are solely governed by the original terms set by the grantor. Distributions usually include funds required by a beneficiary for health, education and or maintenance and support. The designated trustee is responsible for assessing the needs of each beneficiary and making the appropriate distributions.

In theory, this type of trust is intended to last indefinitely or until the grantor has no further descendants. However, the trust is not required to last forever. In some cases, date limitations will be established by the grantor. If there is a balance remaining at the end of the time period, the trustee will distribute the funds as initially established by the grantor. These final distributions are often assigned to one or more charitable organizations.

A key feature of the Dynasty Trust is its term. The trust is intended to last in perpetuity or as long as the grantor of the trust has descendants. The unrestricted term is important since it provides a major incentive for the grantor in funding the trust as opposed to selecting other, shorter-term techniques.

There are several tax benefits to establishing a Dynasty Trust. These include the exemption of transfer taxes (including estate and gift taxes) and the Generation Skipping Transfer Tax (GSST). For complete details on the tax benefits, you would need consult with a tax expert.

Another appealing benefit is the protection this type of trust offers in regards to creditors. Once this type of trust has been established, creditors must wait until a beneficiary actually receives a distribution before they may attach any claim.

A Dynasty Trust has many advantages, not the least of which is establishing a legacy for your future descendants.

For complete details regarding this, or any other type of trust fund, you should consult with your legal professional.

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Women Need To Be Educated About Estate Planning

Estate planning for women requires a certain sensitivity. Women typically fail to take active roles in planning their estates and need to be educated about its importance. Estate planning workshops generally present women as “surviving spouses.” Conversely, planners are told, “The wife makes the decisions.” Techniques focus on the nuclear long-term marriage with children, but in reality that model is waning. Consequently, women are more likely to become key clients and require sensitivity to their situational needs.

While unique, a woman can be in one of three basic groups—married, single, and previously married. Estate counseling should address a relevant group’s concerns. There are also considerations affecting women regardless of group, such as those of professional women, including women business owners.

Married Women Should Participate

Married women include those who have remarried. They need active involvement in planning although many, especially first wives, rely on their husbands to plan. Sometimes a husband presents without his wife because he handles the finances. Planning should not be commenced until both participate. Today’s wife has good odds of becoming a previously married woman and should be informed about financial matters in any event. She will likely live with the results of (or lack of) financial, retirement and estate planning decisions. Planning should address children’s expenses, which often are otherwise paid for out of spousal support. Planners should always include wives in planning.

Single Women Need Thoughtful Planning

Single women include those never or not yet married, as well as previously married women and those in unmarried relationships. Many are single parents, many working, some on government assistance, and/or caring for elderly parents. Their issues include children’s guardians, parents’ caregivers, possibly pets, and continuing care of dependents at disability or death. Single women encompass a broad spectrum of women who need, at the least, wills and durable powers of attorney for financial matters and healthcare; many require extra attention as they struggle on their own.

Previously Married Women Are Rebuilding Their Lives

Previously married women include homemakers displaced after traumatic divorces, and grieving widows. These women are rebuilding their lives. Previously married women who participated in planning while married have an advantage in that they were exposed to its importance and principles.
Knowledgeable widows can continue plans. Women who did not participate need education on the planning process and implications. These women should address continuing care for children and other loved ones. For example, while the court favors the biological father as guardian, it must
consider the mother’s desires in determining the children’s best interests. Planners should watch for often raw emotions in these circumstances.

Plan For The Unique Needs Of All Women

There are matters affecting all women regardless of group. Because women live five to seven years longer than men, they need additional retirement planning. Young women should begin retirement planning early to mitigate lower employer provided benefits. Since women earn about three-fourths of what men earn for the same work, many women, especially married women, often forego retirement plan contributions to get current income. In addition, their pensions and social security benefits suffer from family-related career interruptions for children and elderly parents.

Women in professions with high litigation risks like medicine, law and real estate, need asset protection planning. Planners should be aware that professional women, while shrewd, may not understand estate planning and need guidance.

Women business owners, a rapidly growing sector, need business succession planning. In 2005, U.S. women owned almost half of United States businesses, employed 12 to 20 million people and had two to three trillion in sales. (See http://www.score.org/women_stats.html.)

However, women are less likely than men to appreciate estate tax effects on their businesses and many are underinsured. (See Life and Health Financial Services Edition (08/26/03).

Because women often harbor charitable passions, consider philanthropy when planning for women. Marilyn Monroe neglected planning for her charitable desires; as a result, a stranger, her widower’s new wife, inherited Marilyn’s estate.

Weave Women’s Intricate Facets Into Planning

Women’s unique situations necessitate thoughtful estate planning for retirement, long-term healthcare, children’s care and education, and parental dependence, as well as asset protection, philanthropy, and other relevant issues. Such planning should be sensitively approached through the lens of women’s challenging circumstances.

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