Family Protection Trusts
A Family Protection Trust (FPT) holds assets that you would otherwise
leave directly to your children. Money and other inherited assets can
be lost in the event of divorce or if the child is sued. The FPT is
designed to protect such assets from creditors, divorce, and estate
taxes. Your children can have virtually unlimited control over FPT
assets.
In the event of death, other documents are required to
manage and ultimately to distribute the assets in your estate. These
documents usually take one of two forms: 1) a revocable living trust or
2) a will. Both documents direct the distribution of your property
according to your wishes, but the benefits of each must be considered
in light of individual circumstances.
THE FAMILY PROTECTION TRUST
LIVING EXAMPLES
There has been alot of talk about the Family Protection Trust (FPT) or Dynasty Trust.
Recall the three major benefits of this trust:
(1) protection of inherited assets if a child gets a divorce,
(2) protection for inherited assets if the child is sued, and
(3) protection from estate taxes at the time of a child's death.
Two recent, real life examples illustrate how appropriate this trust can be.
Mrs.
D and her daughter, Andrea: - protection from divorce: Mrs. D is 87
years of age with failing health. Her estate is valued at $900,000 and
she has one daughter, Andrea. Andrea is in her second marriage. That
marriage is not going well. Mrs. D is very concerned that her daughter,
a warm, trusting, ingenuous individual, will again be divorced. Mrs. D
worries deeply about Andrea's future and security. Before meeting with
us, Mrs. D's trust simply provided for the distribution of her estate
to her daughter. With our assistance, Andrea's inheritance will instead
go into an irrevocable Family Protection Trust. If Andrea is divorced
after her mother's death - and after Mrs. D's estate goes into the FPT
for Andrea's benefit - 100% of the assets are safe and secure for
Andrea's well being.
Mr. T and his son, John: John is 44 years
of age, well educated, single, gregarious, and a serial entrepreneur.
He has made large amounts of money and lost large amounts of money. Mr.
T will leave half of his $1 million estate to John, but is deeply
worried that John, who has been sued twice by disgruntled partners,
will again be sued and lose his inheritance. Mr. T is placing John's
share of the inheritance in a Family Protection Trust. Mr. T is visibly
relieved and gratified to have found an approach that will let him
irrevocably protect inherited assets from litigation and for his son.
**Remember, half of marriages end in divorce, and litigation in California is rampant.
The
FPT enables you to give your children the gift of financial security.
It protects them from two visible and worrisome threats: divorce and
litigation. We understand that you have questions about how the FPT
would be structured and how it would operate. We look forward to
talking with you about it.