Estate Planning Red Flag – You treat trust assets as if they’re your own
Abstract: Irrevocable trusts can provide a variety of benefits, including gift and estate tax savings, creditor protection, and the ability to control how assets are distributed. To preserve these benefits, however, it’s critical to respect all trust formalities. This article looks at one court case in which a couple discovered to their dismay that having a home’s title held by a trust was not sufficient to protect it from government foreclosure. The court held that the protection had been forfeited because the couple had continued to treat the asset as their own after transferring it to the trust.