Setting up a trust in Indiana

On Behalf of | Nov 8, 2023 | Trusts

If you have a business, real estate or any kind of investment assets in Indiana that you may want to leave for your loved ones, you may want to consider setting up a trust. A trust is a legally binding arrangement in which one party holds assets on behalf of another party. It allows the grantor (the person setting up the trust) to specify exactly how and when their chosen trustee will distribute their assets to their beneficiaries (the people who will receive the assets). A general overview of how to set it up includes.

Choose the type of trust you want to establish

There are two main types of trusts in Indiana: revocable and irrevocable. A revocable trust is a type that allows you to make changes or terminate it at any point in your lifetime. An irrevocable trust, on the contrary, is one that you cannot alter once created.

These two categories of trust then branch out into different sub-types, each with its own unique features and benefits. Your specific goals and needs will determine the type of trust that is most suitable for you.

Choose a trustee

When establishing a trust in Indiana, it is crucial to have a reliable individual or financial institution that will effectively oversee and distribute your assets according to your desires. This person, known as a trustee, has a fiduciary duty to act in the best interests of the trust and its beneficiaries.

Create and fund the trust

Gather all necessary documents, such as property deeds, bank statements, insurance policies and any other relevant information that you need to create the trust. With this information, consider working with an attorney to draft the trust document, formalize it before a notary and then fund it by transferring your assets into it. Lastly, register the trust with the IRS and state tax authorities if required.

Setting up a trust is an act of foresight and responsibility, a powerful step towards securing the future well-being of your loved ones. It is an intricate process, yes, but navigable with the right knowledge and preparation. If successful, you will have the peace of mind of knowing that your assets are in good hands and your loved ones’ future is well taken care of.