Establishing a California trust offers several key benefits. There are three key players in a trust: the grantor, the trustee, and the beneficiary which we will review in today’s post.
The benefits of a California trust are, first, it allows for the efficient and private transfer of assets upon the grantor’s passing, bypassing the costly and time-consuming probate process. Trusts also enable careful estate planning, reducing estate taxes and ensuring assets are distributed as per the grantor’s wishes. They provide flexibility, allowing the grantor to specify how and when beneficiaries receive assets, which can be especially valuable for minor beneficiaries.
Furthermore, trusts offer privacy, as they do not become part of the public record, unlike wills. Overall, trusts in California provide a powerful tool for asset protection, tax savings, and seamless wealth transfer.
What is a Grantor?
The grantor (also known as trustor, or settlor) is the creator of the trust relationship and is generally the owner of the assets initially contributed to the trust. If you are working with an estate planning attorney like Carlsbad estate planning lawyer Andrew Fesler, to create a trust as part of your plan, then you would be the grantor.
The grantor generally establishes in the trust instrument the terms and provisions of the trust relationship between the grantor, the trustee, and the beneficiary. These will usually include the following:
- The rights, duties, and powers of the trustee
- Distribution Requirements
- Ability of the grantor to amend, modify, revoke, or terminate the trust agreement
- The designation and selection of a trustee or successor trustees
- The designation of the state (in this case California) under which the terms and provisions of the trust agreement are to be governed.
What is a Trustee?
The trustee is the person or entity, such as a trust company or a trust department of a bank, entrusted with the responsibility of managing the assets within the trust according to the grantor’s instructions as outlined in the trust agreement. The trustee obtains legal title to the trust assets and is required to administer the trust on behalf of the beneficiaries according to the express terms and provisions of the trust agreement.
A trustee is a fiduciary and is therefore charged with the duty to act for the benefit of another, in this case, the beneficiary(ies). Trustees have a fiduciary duty to act in the best interests of the beneficiaries, which means they must manage the trust assets prudently and impartially. Their duties often include investing assets, distributing income or principal to beneficiaries, and ensuring the trust operates in compliance with legal and tax requirements.
Trustees play a critical role in safeguarding and growing the trust assets for the ultimate benefit of the beneficiaries. The grantor can arrange payment to the trustee for their work as part of the instructions in the trust agreement.
What is a Beneficiary of a Trust?
The beneficiaries are those entitled to receive benefits from the trust. of the trust. They are the intended recipients of income, assets, or other benefits generated by the trust. Beneficiaries can be specific individuals, such as family members, or organizations such as a charity. The trust agreement specifies the rights and entitlements of the beneficiaries, including when and how they will receive distributions (distribution requirements).
Beneficiaries may have varying interests in the trust, such as:
- income beneficiaries who receive regular payouts
- remainder beneficiaries who inherit what remains in the trust after specific conditions are met or after the grantor’s passing.
Call Carlsbad Trust Attorney Andrew Fesler for Guidance
Quality relationships, individualized services, and a ‘meet-the-client-where-they-are-at’ attitude are what define the experience you will receive with Attorney “Andy” Fesler. He is an experienced attorney who is very familiar with helping his clients create a trust that includes all the necessary instructions, provisions, and terms. Whether you are looking at setting up a California trust or creating other needed estate plan documents, you can trust Attorney Fesler to help you develop a plan that fits your situation. And as your major life events happen, he will be there to help update your plan to reflect these changes.
Give us a call at (760) 444-0943 or message us using our online form. Consultations are free. We look forward to developing a dependable long-lasting relationship with you.
