What is a Trust Review?
A trust is an arrangement in which a trustee manages assets on behalf of beneficiaries until a time when they’re scheduled to receive them. A trust can form part of an estate plan to make sure that the founder’s assets are distributed among beneficiaries according to their wishes.
Three parties are usually involved in a trust: a founder who creates the trust and moves assets into it, a trustee who administers the trust’s assets, and the beneficiaries who receive the assets.
You should review your trust regularly to confirm that it’s aligned with all relevant laws and the founder’s wishes. Certain situations should also trigger a review, such as significant financial or personal relationship changes.
Read the rest of this article to explore what key terms are included in a trust review, how to review a trust, and how a qualified lawyer can help you with the trust review process to give you peace of mind.
What are Key Terms to Review in a Trust?
There are specific terms usually associated with a trust that you should review for clarity. These include the following.
- Asset performance. It’s important to evaluate if the trust assets, such as real estate properties and capital, are properly managed and secured.
- Legal compliance. The trust must meet relevant rules and laws, while ensuring compliance with all tax regulations.
- Beneficiary requirements. You should check if the beneficiaries’ requirements have changed significantly, which could trigger a distribution assessment.
- Termination. This specifies when the trust will end, such as a specific date or when an event (such as a death) occurs.
- Revocable or irrevocable. This difference determines if you can amend the trust or not. A revocable trust can be changed whereas an irrevocable trust can’t.
- Trustee roles. This specifies responsibilities the trustee will have and how they’ll carry out their roles.
What are Tips for Reviewing a Trust?
If you need to review your trust, there are some specific tips to follow for accuracy.
Review the Assets
Ensure that the trust is funded correctly. All assets must be titled in the name of the trust so that there are no potential pitfalls.
Understand the Trust’s Goals
Your trust document will include a purpose, and you want it to match the founder’s intentions. Examples of objectives include asset management, charitable giving, tax efficiency, and/or avoiding probate.
Check all Distribution Provisions
You should check how distributions are made, such as if the trustee makes discretionary distributions or beneficiaries receive assets according to specific milestones. This clarifies when beneficiaries to the trust will access the funds.
Consult a Tax Advisor
Since a trust review includes specific tax information and obligations, you should work with a tax advisor. They will be able to guide you on how the trust affects your taxes and what implications you might face.
Flag Legal Jargon
The trust document must be clear and specific so that you don’t have any ambiguous wording which can result in misunderstandings and disputes between parties.
Consider Legal Requirements
Your trust document must be aligned with all relevant laws, depending on the state in which you live. State laws regarding trusts vary quite a bit. For example, laws in your location might specify that the trust has to have a clear and valid purpose and must be signed.
Do You Need a Lawyer to Review a Trust?
Since a trust document can easily be 40+ pages in length because it has to cover all possible scenarios, they can be challenging to get through. A lawyer can help you review a trust so that you feel confident it’s accurate and legally valid.
Here’s a rundown of what a lawyer will do to help you during a trust review:
- They’ll check the trust’s legal validity, such as by ensuring the trust is executed properly and aligned with all relevant laws.
- They’ll check the trustee’s duties and powers, and confirm that the trustee is following the correct guidelines.
- They’ll specify all beneficiary rights and ensure the beneficiaries are identified accurately.
- They’ll identify any missing or vague clauses, and make revisions as necessary.
- They’ll assess your tax implications so that you don’t make financial errors in future.
- They’ll correctly transfer your assets into the trust to avoid contradicting the trust’s purpose.
- They’ll detect risky wording in the trust that could result in misunderstandings or disputes.
- They’ll suggest specific changes if required so that the trust is clear and transparent.
Where to Find a Lawyer to Review Your Trust
If you need to hire a lawyer to help you review your trust for clarity and accuracy, you don’t have to struggle to find one. By using an online legal network like ContractsCounsel, you can easily connect with a qualified, experienced lawyer.
ContractsCounsel is one of the largest online legal marketplaces that gives you access to a network of vetted lawyers. The platform makes it easy for you to request that a skilled lawyer on the platform reviews your trust.
Here are the simple steps to follow:
1. Go to the ContractsCounsel marketplace, where you can post your project for free. Include a few details of what you need so you’re matched with the most suitable lawyers.
2. Receive lawyer bids. Without having to search the marketplace for a lawyer, lawyers will come to you. You’ll receive multiple bids from lawyers directly on the platform who are ready to assist you.
3. Review the lawyers’ profiles. After receiving lawyer bids, you should review the lawyers’ profiles. There’s lots of info on the platform to help you choose the best lawyer, such as their location, client ratings, years of experience, and field of expertise.
4. Connect with a lawyer you think is best suited to your requirements and hire them to review your trust.