Trusts

A trust is a legal arrangement by which a designated trustee holds legal title to property for another person. The trustee who can be an institution such as a bank or law firm. The person for whom the trust is held is the "beneficiary." The trustee's instructions are set out in the trust document executed by the creator(s) of the trust, the "trustors." 

There can be certain advantages to establishing a trust. The most publicized is "avoiding probate."

There are several different types of trusts:

  • Revocable Trusts: A revocable trust gives the trustor control over the trusts. He/she can change the beneficiary(ies), the trustee, and any other feature of the trust, absent some restrictive language in the trust requiring otherwise.
  • Irrevocable Trusts: An irrevocable trust cannot be changed or amended except pursuant to a court order -which may be difficult to obtain.  Revocable trusts may become irrevocable if required by the trust instrument upon certain conditions.
  • Testamentary Trusts: A testamentary trust is created within a will. It does not take effect until the death of the grantor.
  • Miller Trusts: A Miller Trust is one with its assets consisting of income. It is commonly known as an income-sheltering device and is used to enable the grantor to qualify for Medicaid. The Miller Trust has been codified at 42 U.S.C. 1396 and is referred to as a qualified income trust ("QIT").

The Firm utilizes trusts only when truly necessary to accomplish the objectives of the client(s).  The Firm will often collaborate with a local corporate trustee to facilitate the clients' goals. 

It is not at all unusual for the Firm to be retained to "undo" or reverse unduly burdensome obligations imposed by an overly-restrictive trust.