There are a number of different types of challenges that could impact the overall effectiveness of your creation of a trust. This is why it is so important to engage the services of a trusted estate planning attorney when your family is thinking about how to most appropriately use trusts as part of your estate plan.
The intent of the person creating the trust is critical for that trust being viewed as legally valid. These days, courts in the United States are very protective of individual property rights. Proof of intent to convey this property outside of the individual’s control and into the trust must be proven.
This means that the individual granting the property must be able to show that such a grant was intentional. The trust can only be considered valid when it is clear that the individual had the intent to create a trust. One of the easiest ways to cover this is to sit down with a knowledgeable estate planning attorney to discuss your options and reasons for creating a trust. The verbiage inside the trust is important for showing that you did indeed have the goal of creating such a document and that you intended to transfer assets inside of it for the purposes of removing it from your own estate and individual control.
Your lawyer can help you avoid many of the most common missteps when creating a trust such that it might otherwise look like you did not have the intent to create a trust. Set up a consultation today if you are in the early stages of planning your trust and would like further guidance about how this tool can be used for you. Our Pasadena estate office is here for you and we’re continuing to serve clients over the phone.