A will, as most of us know it, is a document whereby an individual writes how his/her property will be distributed to his beneficiaries once he/she is gone on a piece of paper then handed over to their lawyer to keep it until his death. An asset protection trust on the other hand is where an individual distributes his property on a trust company which will be responsible in distributing the wealth of the trustee to his/her beneficiaries once he is gone.
The choice depends on an individual and preferences are different but gives an oversight to help you choose between the two. This particular protection trust is costly. Imagine from the time you establish it you have to keep funding it, while a will just requires you and your lawyer and after writing it all you have to do is pay the lawyer.
This trust has requirement which are quite complex such as it has a spendthrift clause, yes can you imagine, and being irrevocable. Okay so let us all understand this one by being irrevocable means that you cannot change any thing once you have signed in, while spendthrift means that you can spend as much money as you want anyhow.We are now on the know.
A trustee also has an advantage of avoiding divorce, bankruptcy or even taxation once their property is under a trust company. Divorce in the sense that the other spouse cannot get anything ones the trustee dies because it is a requirement that the two spouses must have been married, tough luck if they wanted to go separate ways. A disadvantage though is that children who are minors cannot get anything if the trustee dies.
In a will, matters such as funeral, education for your children or any other thing you may want to address is allowed while the latter is all done by a trust company. Basically these companies will do everything for your beneficiaries before you die. This is also another case where will ask yourself which one is better for you.
There are some advantages that will make a person put his/her properties under an asset protection fund one of them being, privacy. As mentioned above there is discretion and nobody will know how the properties will be distributed in case the trustee dies.
Wills are known to be flexible, why am I saying this. It caters for all people from the children to the spouse, relatives and also friends but an asset protection will only cater for your spouse and you must have been married, children but only older children as it does not cater for minor children so again be careful on which way you want your property to be distributed and to whom do not let your property go into the wrong hands and leaving your family in problems.
Information is power. It is good to be well informed and think of others especially the ones you love dearly that is, your family. Do not leave them suffering ones you are gone. Consults lawyers and friends and get all the information you may need about securing your property for your future and the future generation. Ensure your legacy is kept for a long time.
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