You
can designate the number of years it will exist, within permissible legal
limits. The trust becomes effective at the time the will is probated. The
assets undergo the probate process and are therefore, exposed to creditors'
claims. If your intent is to avoid probate, a living trust would be a more
suitable alternative. Individuals commonly choose between two types of trusts:
family and spousal.
Family trusts are established to:
• Protect the interests of underage children and any family member with
special needs
• Safeguard adult children's assets from creditors or divorce settlements
• Manage funds for spendthrift adult children
• Minimize disclosure of small business assets that could be susceptible
to lawsuits or creditors
Spousal trusts are established to provide your spouse
with funds. These trusts also:
• Protect your children's assets should your spouse remarry. Assure
the inheritance of children from a previous marriage
• Reduce income tax through income splitting
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