Call Us
(954) 670.2800

Protecting Families & Legacies Since 1997

Legal Resources


Everything About Will & Trust

1. Do You Have a Will?

2. What Is a Trust?

3. Understanding the Difference Between Revocable and Irrevocable Trusts

4. The Difference Between a Living Will & a DNR

5. Wills vs. Trusts: Which One Is Right for You?

6. Ways in Which a Will & a Revocable Trust Work Together

7. Breaking Down the Limitations of a Will

8. Joint vs. Separate Wills: Which Is Right for You?

9. A General Guide to a Blind Trust

10. 3 Things Your Will Cannot Do

11. Three Reasons a Will Might Be Contested

12. Choosing the Right Trustee

13. Understanding the Role of a Trustee

Do you have a Will?

July 01,2016

Surprisingly, a large number of adults with children will carry life insurance, but have not taken the time to create a simple will. A will allows you to direct and handle your matters after you have passed on.

Specifically, we strongly recommend that anyone who is single and owns property, prepare an estate plan as soon as possible. Secondly, we strongly recommend that anyone with children under 18 prepare an estate plan to address financial matters, but also guardianship matters that could arise after a parent is deceased.

Estate planning should be considered an integral part of all financial goals and objectives. Since death is not likely to be avoided, we strongly recommend that our clients prepare and review their estate planning needs on a regular basis.

When you are ready to discuss these matters further, contact us at 954-670-2800 or contact form.

What is a Trust?

August 01,2016

What is a Trust?

A Trust is a legal document that provides specific instructions to manage your assets for your selected beneficiaries.

A properly prepared Trust can reduce Estate Taxes, protect your property from being mishandled and a great way to avoid probate.

Assets that are properly Titled in the name of a Trust can be handled or managed by your selected Trustee. Yes, you can also be the Trustee, but we will get to that shortly.

A Trust agreement truly gives you lots of options when managing and distributing your assets in the event you become incapacitated, disabled or deceased.

There are three main aspects of every Trust.

  • Grantor, Settlor or the Trustor. This is the person who creates or establishes the Trust. This is also the person who funds the Trust by transferring his or her own assets into the name of the Trust.
  • Trustee. This is the person, or entity that manages and oversees the assets that are placed in the Trust by the Grantor. Often times, if the Grantor is alive and well, he or she will usually act as the Trustee for the assets that have been placed in the Trust. When the time comes that a Trustee is no longer able to manage the assets in the Trust then a successor will be named to become the Trustee, and provide continuity to manage the Trust.
  • Beneficiary. This is the person or entity that benefits from the assets that are placed in the Trust. Often times if the Grantor is alive and well, he or she will also be listed as the primary beneficiary with successor beneficiaries properly listed as well.

Who should set up a Trust?

Individuals:
Any unmarried individual with any type of assets should definitely set up a Trust sooner than later. Assets can be anything from a life insurance policy, a profitable business or your home real estate real estate. It is essential that a Trust be set up in these matters to seamlessly and efficiently manage an individual’s assets in case he or she is no longer able to do so.

Couples with Kids:
Definitely set up a Trust so that your assets can be placed into the Trust and instructions can be implemented to manage the assets for the benefit of your minor or even adult children.

Real Estate Owners:
Anyone individual or couple that owns Real Estate can benefit from a Trust by avoiding probate and leaving specific instruction on the distribution, sale or management of any Real Estate owned.

Business Owners:
Unless you have multiple partners in the business, setting up a Trust can ensure the management and sale of your business in case the owner is unable to continue in the Business.

Who else can benefit from a Trust?

Essentially, a Trust is a very powerful and effective legal agreement that truly gives individuals and couples some tremendous flexibility when managing and distributing their assets.

Sooner is Better than Later:

Contact us today at 954-670-2800 or via the contact form to make use of this tremendous legal document that provides great flexibility and protection for your assets and beneficiaries.

Understanding the Difference Between Revocable and Irrevocable Trusts

August 20,2020

Trusts are one of the most important estate planning tools that you have at your disposal when you sit down to decide how to protect and distribute your assets. They can be split up into two major categories: revocable trusts and irrevocable trusts. In both types, assets are set aside (put into a trust) to be managed by a trustee on behalf of the beneficiaries or beneficiary, but they have differences that make them each better suited to different needs. Let’s take a very brief look!

The Basics of Revocable Trusts

Pros: Control over your assets

Cons: Seizable by creditors, count against you when you try to qualify for Medicaid

If it is important to you to still be able to access the assets in the trust, you will probably need to choose a revocable trust. After a revocable trust is created, you still have the option to make changes to it. You can change the trustee or the beneficiary. You can change the terms. You can even take out assets if you need to use them for yourself. You’re not locked in! With a revocable trust, you are still considered the owner of the assets until you pass away. The downside is that this means creditors may seize the assets if you’re in debt. The assets in a revocable trust also count towards your worth when you’re trying to qualify for Medicaid.

The Basics of Irrevocable Trusts

Pros: Protected from creditors and some taxes, won’t count against you for Medicaid

Cons: You must relinquish control of your assets

After an irrevocable trust has been created, there’s not going back, so it’s important to be confident in your decisions about who will benefit from the trust and who will manage it as trustee. Unfortunately, even if you face a financial emergency, you are not allowed to pull assets out of an irrevocable trust. In exchange, though, the assets are protected from your creditors and from some taxes. They won’t count against when you’re trying to qualify for Medicaid. If these things suit you, irrevocable trusts are a great way to protect assets so your heirs can enjoy them to the fullest extent possible.

Choosing the Right Kind of Trust

As you can see revocable trusts and irrevocable trusts each have their own pros and cons. Choosing which type is right for you will depend on your unique circumstances and goals. The ElDeiry & ElDeiry team is here to help. We can assist you in choosing which tools you need to use in your estate plan, including revocable trusts and irrevocable trusts. If you have questions or if you’re ready to sit down with us to create a plan, please give us a call at (954) 670-2800.

The Difference Between A Living Will & A DNR

July 26,2022

Anyone unfamiliar with advance healthcare directives and DNRs (do not resuscitate orders) can confuse the two easily. Although both allow you to express your wishes when you cannot speak for yourself, they are inherently different. By understanding what they are, who issues them, and what they can do for you, you will be in a better position to face the uncertainties of the future. 

What is an Advance Healthcare Directive?

These are also commonly referred to as living wills. This document is created if YOU HAVE DECIDED now, that in the event something medically-horrible happens and you are on a life support machine without any real hope of coming off of the life support machine, that you are directing the medical staff to take you off of life support. 

Imagine a person who has been in a car accident and is currently in a coma, on a life support machine, and the doctors have stated that they don’t believe, absent a miracle, that the person will wake up and be able to live without the life support machine.  Your Advanced Healthcare Directive directs the Doctors to take you off life support. The document itself does not direct that loved ones decide what to do.  It actually directs that the medical staff discontinue life support.

How is a DNR Different?

Unlike a living will, a DNR which is a Directive Not to Resuscitate the person, is a different document that you can obtain from your physician. They are generally meant for older people whose heart may stop – for instance, a heart attack at home. The DNR is a YELLOW document that you can put on your refrigerator. It directs emergency service providers do not use CPR or a Defibrillator to restart your heart.Suppose someone in their eighties suffers a heart attack in their home. When EMTs and paramedics arrive on the scene, they have a duty to perform life-saving procedures. This includes CPR, connecting the patient to a defibrillator, and other invasive techniques. The CPR you have witnessed on television is drastically different from its reality. Older patients’ bodies may not be able to withstand the toll that CPR takes a many times ribs are broke.

The decision on whether you want to be Resuscitated is yours to make. You should discuss this with your physician.  

Get in Contact With an Estate Planning Attorney 

We discussed advance directives and DNRs because estate planning has more to do with death, incapacity, and illness than how much money and assets you possess. Because the future is unknown, there isn’t a person alive who couldn’t benefit from having an advance directive in place. The best time to make a plan was yesterday, and the second-best option is right now. For more information about how ElDeiry & ElDeiry, P.A., can assist you, contact us to schedule a consultation. 

Wills vs. Trusts: Which One Is Right for You?

March 20,2019

Wills and trusts are the two most essential elements of any estate plan. They share one basic trait in common: they both act as documented, legally-binding instructions for what happens after you pass away. Beyond that, they differ in many ways and tend to be used in different sets of circumstances.

So, which of these two documents is right for you? In your overall estate plan, the answer is most likely “both” — but here’s how you can understand the difference and choose one for your particular situation.

Wills and Trusts: The Basic Differences

Wills and trusts can both dictate what happens to your property, assets, and debts after you pass away, but they do this in different ways and with varying legal and financial effects.

They cover different types of property. Wills are more limited in the types of property they can pass on to your beneficiaries: you can only specify property you own in your name alone. With trusts, on the other hand, you can also speak to jointly owned assets or ones that legally pass directly to a beneficiary, like a life insurance policy.

They take effect at different times. Your Will only kicks in after you pass away. A trust typically goes into effect the moment you sign it, and any property you hold in the trust will not necessarily be distributed to beneficiaries upon death.

Some can be changed and some can’t. As long as you have the mental capacity, you can change your Will at any time. A trust can only be modified or cancelled if it is revocable, whereas irrevocable trusts are set in stone from the moment you sign them.

They handle probate differently. One of the biggest differences between these two documents is that any property specified in your Will is still subject to probate. When you create a trust, you technically transfer ownership of property from yourself to the trust itself, which allows it to skip the probate process and its associated costs.

One is public and one is private. Because probate is a public process, Wills go on public record once they take effect. The terms and assets in a trust always stay private.

Which one do you need?

It depends entirely on what you are aiming to achieve with your estate plan. In addition to passing on property, Wills can outline some of your wishes and make sure your family is taken care of. For example, a Will can:

  • Name an executor for your estate.
  • Appoint a guardian for your children in case you pass away before they come of age.
  • Decide who will take care of your pets and how.
  • Outline a plan for paying debts and taxes.

There are several types of trusts, which means you can use them for a much wider variety of purposes. They can be used for things like:

  • Planning for mental disability or physical incapacity.
  • Protecting the proceeds of a life insurance policy, retirement account or 401(k).
  • Transferring small business interests.
  • Buying and selling securities.

While both documents can transfer valuable property like real estate, trusts are generally a better idea because they skip the probate process and therefore cost your family less money.

There’s a lot more to know about Wills and trusts, so if you’re still not sure which one is right for you, speak to an experienced estate planning attorney for guidance. The lawyers at ElDeiry & ElDeiry, P.A. would be happy to walk you through the decision-making process step by step. 

Ways In Which A Will & A Revocable Trust Work Together

May 15,2023

Back in March, we published a blog about the limitations of a will. In it, we discussed how a will could be an excellent estate planning tool, but anyone who created one and decided it was the only document they were missing out on critical components of a complete plan. We also released a blog detailing what a comprehensive plan looked like. For example, a will allows you to state who will receive your assets when you pass away, but it doesn’t do a significant amount in incapacity planning. For that, you would need to think about designating a healthcare surrogate and having a durable power of attorney. 

The overall theme is that your estate planning selects certain documents (which you can think of as tools) that complement one another. There is no set way to assemble an estate plan because the result is based on your goals and the assets you possess. To better understand how this works, we wanted to discuss how a revocable trust and will work with one another. 

Two Different Estate Planning Methods 

Although they are different estate planning vehicles, they have some similarities. For example, you could use either a revocable trust or will to ensure your assets are distributed to your designated beneficiaries when you pass away. The difference is how that happens. Wills are legal documents, whereas trusts (including revocable ones) are legal entities. Wills take effect after you pass away. Those who create a will without a trust accept that their assets will pass through the probate courts. Though we have dissected this in the past, it is essential to remember that the named personal representative in the will oversees the estate, the notification of creditors, the payments to the creditors, and ultimately distributes the assets per the will’s instructions. 

Revocable trusts, unlike wills, can also facilitate passing your assets to your beneficiaries, but they take effect during your lifetime. The power of revocable trusts lies in the fact that you can name yourself as a trustee, so you can control the assets in the trusts while you are still alive. This is how people can live in their homes even though the trust owns them. Instead of a personal representative, you will name a successor trustee to manage the trust. Because the trust is a legal entity, nothing in it has to go through probate. 

How Wills & Trusts Compliment One Another 

Because they have commonalities and differences, note that they can work together effectively. One of the many ways this is true is by looking at a “pour-over” will. Before we explain, we want to remind you that estate planning happens throughout your life. You may get divorced, or you may simply acquire more assets. What happens when you have a will and a trust but fail to update them? You may have several assets that are not in the trust or are not identified in the will.

A pour-over will places any assets that are not in the trust when you pass away into it. One of the overlooked components of creating a trust is that you have to fund it, and you do so by titling the assets in the trust’s name. With a pour-over will, these remaining assets go into the trust after your passing. Ultimately, they can also be distributed based on the instructions you included. Not only can you account for your assets this way, but you are also ensuring that anything that gets added to the trust will not have to endure the costly and time-consuming probate process. 

Get in Touch with ElDeiry & ElDeiry, P.A. 
Never assume that working with an estate planning attorney is unnecessary because you can find and fill out a DIY will online. The power of estate planning comes from having an experienced and dedicated attorney select the proper documents to fit your designated needs. If you want to speak more about estate planning with our team, 
contact us today to schedule your consultation.

Breaking Down The Limitations Of A Will

March 15,2023

In the past, we published blogs about what a complete estate plan looks like and how much of your planning doesn’t center around death or your assets. A significant portion of it deals with preparing for the possibility of incapacitation, something anyone at any age faces. To build off those ideas, we want to discuss what a will cannot do for you. The motivation behind this is not to dissuade you from creating a will because it can be viewed as a basic yet essential estate planning document. 

When you read this, don’t consider these limitations as a reason to avoid wills or estate plans. Instead, understand that if a will cannot achieve something, there is another estate planning document that can. Begin to see your estate plan as a customized collection of documents woven together to protect you. Lastly, you also don’t need to know which document to use. You simply need to know what you want it to achieve. Your estate planning attorney will help you if you can identify what your goals are. When you read this blog and learn about where a will “falls short,” make a note to ask your attorney what your other options are. 

The Basic Rundown of a Will

Before we dive into what wills cannot do, now would be an excellent time to identify a common misconception. When you look up what you can include in a will, you can include instructions for how you wish to be laid to rest. Can you include them in a will? You could, but it wouldn’t be an efficient way to convey that information. Unlike what you have seen in movies, a lawyer doesn’t assemble the family around a desk to read the will. Family members may take several days (or weeks) to locate the will, which may happen after the funeral has already been held. 

Additionally, more than 90 million homes in the United States have pets. Our pets are loved, and many consider them part of the family. Suppose you leave behind money so that whoever takes ownership of your pets has the financial means to do so. However, you cannot achieve this through a will because an animal cannot legally inherit something from you. This is typically achieved by creating a pet trust. 

Another thing you will read about wills is that they can help transfer your assets to your designated beneficiaries. Although probate courts will follow your wishes if you leave behind a valid will, there are still certain types of assets you cannot include in one. For example, if you and your spouse purchase a home and each has joint tenancy with rights of survival (JTWROS), then the property defaults to the surviving spouse when you pass away. This can be designated in the deed to the property, which is not automatic. It will also override a will. Because your spouse owns the house when you pass away, there is nothing for you to give away in your will. Retirement accounts and life insurance policies cannot be placed in a will either. You can update your designated beneficiaries with the company that issued the policy. 

Build Your Plan with ElDiery & ElDeiry, P.A. 

In addition to what we have discussed already, it is important to remember that people with special needs children or who wish to avoid probate need more than will. ElDeiry & ElDeiry, P.A. crafts your estate plan with the end in mind. We listen to what you want to achieve and select the documents that accomplish them. There is no cookie-cutter approach, nor is there a one-size-fits-all packet that we can have you sign. Meet with us to discuss your needs and goals by scheduling a consultation.

Joint vs. Separate Wills: Which Is Right for You?

February 24,2021

Most married couples make joint financial decisions, so on the surface, it makes sense that they share a will. But is it actually a good idea? Or should each spouse have their own will? In this blog, the estate planning team at ElDeiry & ElDeiry, PA reviews the pros and cons of joint vs. separate wills.

Joint Wills

A joint will is a legal document stating that if one spouse dies, the other one receives the entire estate. When the surviving spouse passes away, everything goes to the children they had together. 

One reason why some couples create a joint will is that it appears to fulfill the estate planning goals of most married people, which are:

  • A surviving spouse inherits everything
  • Their children will eventually inherit the entire estate

For example, if the surviving spouse remarries, the children wouldn’t have to worry that their new stepparent will receive the inheritance intended for them.

One of the biggest disadvantages is that a joint will can only be changed or revoked by both spouses. This can lead to unwanted outcomes. For example:

  • If you remarry after your spouse dies and have more children, you can’t change your will to provide for your new spouse and children. 
  • You cannot disinherit or decrease the inheritance of a child who turns on the family.
  • If you create a joint will as a young married couple and become widowed soon afterwards, the terms of the will may bind you for the next 40 to 60 years, possibly longer.
  • You may not be able to sell assets covered in the will, such as the house 

This restriction doesn’t apply to individual wills, which can be amended by the testator as long as they have capacity to do so.

Separate Wills

With separate wills, each spouse provides for the distribution of their assets and property after they pass away. The benefits of this arrangement include:

  • You can allow for differences in estate planning goals
  • Blended families aren’t excluded from inheritances

Life can change unexpectedly, and you should retain the ability to amend your estate plan accordingly. Creating and maintaining your own will even after marriage gives you the flexibility to do exactly that.

Contact an Estate Planning Attorney Today

At ElDeiry & ElDeiry, PA, we help married couples develop wills that achieve their estate planning goals. Marriage is a financial as well as emotional partnership, and we will work with you to create an estate plan that ensures your ongoing financial security, individually and as a couple. To schedule a no-obligation consultation, please contact our office today.

A General Guide to a Blind Trust

March 19, 2021

Before we discuss what a blind trust is and how to establish one, it is important to note that each state may differ in how they define what one is. Furthermore, that definition may change. After you gain an understanding of what a blind trust is and choose to establish one, you should contact an attorney to ensure that it is properly applied to your specific situation and location.

What is a Blind Trust?

A blind trust is created by the owner, the trustor, and given to someone else, the trustee. Once the blind trust is established, the trustee has complete control of the trust. A trust is simply a transfer of property or assets from one party to another. 

The person establishing a trust is often referred to as the settlor, the trustor, or the grantor. As long as the trust is in place, the trustee can manage the property or assets however they deem fit. There can be no communication between the trustor and trustee regarding how the assets are to be managed. 

Why Would Someone Establish a Blind Trust?

People establish blind trusts to prevent a conflict of interest. For example, imagine if a woman owns a business (a private asset), and her company makes bicycles. During her career—and while she still owns the company—she decides to run for office. She wins and becomes a member of Congress. 

Ultimately, she may find herself in a position where she will need to vote on an issue that may directly impact her bicycle business. As a Congresswoman, she represents the interests of the people who elected her. She has an ethical obligation to not act as a business owner.

This doesn’t just apply to politicians. It can and does extend to people who serve as a member of a board of directors. You may be retired after having a distinguished career, and you get offered a position on such a board. Along the same lines as the Congresswoman, as a member of the board, you must act in the best interest of the company’s shareholders. But what if you have shares in the company?

Your stake in the company can be put into a blind trust. This will eliminate the conflict of interest because only the trustee will know the impact of the decisions you make and how they will translate to your shares.

ElDiery & ElDeiry, P.A.

Trusts can be established by an individual and their attorney. You may choose to create one because you want to give someone the ability to manage your money. This can be done as part of your estate planning, and your trustee can distribute your assets for you. 

At ElDeiry & Eldeiry, P.A. we can help you create the estate plan that fits your needs and wishes. Choose an attorney who will treat your estate with the diligence and attention it deserves. If you need to establish an estate or modify an existing one, contact us online or by phone at (954) 670-2800.

3 Things Your Will Cannot Do

April 26,2021

When you talk about estate planning, wills and trusts get brought up. Others might insist you get a will written because of certain reasons. And there are many reasons why you should get a will. 

A will allows you to decide who will get your property (and who will not). You can also determine the amount of money your surviving spouse will receive. With an attorney’s help, you could save on death taxes by leaving your spouse with the right amount of money. Also, you can choose a personal representative to handle your estate and select a guardian for your children. 

But what can a will not do for you? By understanding its limits, you can plan to utilize other methods to carry out your wishes. 

Shared Property

There are some things that you cannot pass or distribute in your will. One of those things is jointly titled property. A will only pertains to transferable property. Any real estate, homes, property, or land that you do not solely own is not transferable. 

Another common question is whether you can give away your ownership of the property. If you have a house with another person, can you distribute your half of it to other people? No, you cannot. After you pass away, the person who owned the property shall become the full owner.

Life Insurance & Retirement Accounts

The key part of this section is understanding that a beneficiary cannot be voided because of something you write into a will. Neither a retirement account nor a life insurance policy gets discontinued if you pass away. This is why you designate beneficiaries for both. 

If you don’t want your assigned beneficiary to receive your life insurance benefits or retirement account funds, then you will need to remove them. But you cannot change a beneficiary through a will.

Probate

Maybe someone has told you that you should do everything you can to avoid probate. Probate means that the court will administer your will.  

Your will is required to go to probate. This is unavoidable. People may want to avoid this because you are bringing in a third-party, and many things in your will are personal. Your debts will be discussed as well as your assets. Probate can be expensive, and it can be a long process.

If avoiding probate is something you value, talk to your attorney about creating a trust rather than a will. 

ElDiery & ElDeiry, P.A.

ElDiery & ElDiery, P.A. is a family-run law firm, and we have been helping families like yours with estate planning and probate for more than 20 years. If you are looking to get your affairs in order, we are capable of offering professional and personalized legal advice regardless of where you are in the process. Contact us today to schedule a consultation.

Three Reasons a Will Might Be Contested

November 20,2019

When a loved one passes away, most people want to act in accordance with the person’s estate plan and respect his or her wishes. However, there are sometimes occasions where those involved do not believe that the Will accurately reflects the deceased’s wishes. If you are in this situation, you can contest the Will. To contest it means to oppose or challenge its validity in probate court. When you successfully contest a Will, it becomes invalidated and gets thrown out. Read on to discover some situations in which a Will might be contested.

  • The deceased person did not have testamentary capacity when they signed their Will. 

Did the person signing the Will (also known as the testator) understand what they were doing? Did they understand the value of their assets? Did they understand that signing the Will was a legal action? If the answer to any of these questions is “no,” it means the person lacked testamentary capacity and their Will should be deemed invalid. This often occurs in cases where the testator has been diagnosed with dementia or Alzheimer’s.

It can be difficult to prove testamentary incapacity. However, if there was a doctor’s appointment at which they were clearly confused within a few days of signing, you may have what you need to make a case. 

  • There was undue influence.

Did the testator sign the Will of their own free will? If anyone exerted an unfair level of pressure on him or her, it may be considered undue influence. Keep in mind that nagging, and even some types of verbal abuse, do not meet the threshold for undue influence. There’s more likely to be a strong case for undue influence if the person in question isolated the testator from family or paid for the testator’s Will. 

  • The testator was tricked or otherwise frauded into signing the Will.

In some cases, testators have signed Wills while under the impression that they were signing a deed or power of attorney. Again, the testator has to be fully aware of what he or she is doing by signing and must be doing it of his or her own free will. If you can prove that the signature on a Will was procured by fraud, the Will could likely be declared invalid.

Who can help me contest a Will?

If you think you have strong grounds on which to contest a loved one’s Will, call ElDeiry & ElDeiry, P.A. We have extensive experience helping clients who are facing these types of frustrating situations. We understand how important it is to make sure your loved one’s wishes are truly followed. Call (954) 670-2800 to get started.

Choosing The Right Trustee

January 09,2023

In previous posts, we discussed the importance of having a complete estate planning package. As a reminder, this includes having a power of attorney, a medical power of attorney, a will, and a revocable trust. One of the critical components of having a trust is that you have to designate and choose a trustee. Before you can do so, you must understand what their roles and responsibilities are. This is important because before you put a name to paper, you should discuss with the person you choose to discover whether they are willing to accept the position. 

They may have questions and concerns before accepting the role, and you should be able to speak to those. Furthermore, there is also the possibility that someone may ask you to be a trustee for them. Regardless, you will be prepared for either circumstance. 

Who Should I Choose?

The first choice of a Trustee for most people is a friend or a family member. Don’t immediately assume that the person you trust the most is the only candidate. In the next section, we will elaborate on this person’s responsibilities. Choose the person who can meet the demands of the job. Depending on your family, you should consider where the person you select can work well with your beneficiaries. One of the key benefits of having an estate plan is not leaving behind a mess that could instigate a fight among your family members. 

Another thing that some people may need to be made aware of is that your trustee is entitled to reasonable compensation. In other words, some people would be willing to take on this role for you. It is common to have attorneys serve as your trustee, and some companies do this as well. The amount they charge differs, but it is something to consider and discuss with your attorney. 

What Are Their Responsibilities?

You will hear the term “fiduciary” used when talking about trusts. Though this word applies to more than estate planning, it is someone who has an ethical or legal obligation to at least one person. In this scenario, the trustee executes your wishes and is obligated to the beneficiaries of it. Trustees should also have a team of professionals to help them properly administer the Trust. Some of the duties and responsibilities of a Trustee are: 

  • Documenting and maintaining records
  • Filing taxes
  • Being available to the beneficiaries
  • Distributing the contents of the trust per the directions you provided
  • Possibly investing the assets in the trust 
  • Maintaining and preserving the trust’s assets

Create Your Trust and other Estate Planning Documents with ElDeiry & ElDeiry, P.A. 

Come and discuss your goals with us, and let ElDeiry & ElDeiry, P.A. build a complete estate plans based on your wishes and intentions. Estate planning is a selfless act done for those you leave behind. Contact us today to schedule your consultation.

Understanding The Role Of A Trustee

July 20,2021

There are two fundamental reasons why someone would need to know the role of a trustee. 

  • You may become one
  • You may have to choose one.

Everyone needs an estate plan. A trust is a powerful tool to use when creating your estate plan. It is meant for people with assets and property—not just the wealthy. By understanding what a trust is and how it can serve your needs, you will see how the trustee fits into it. 

Creating A Trust 

It begins with you wanting your assets to go to others after you pass away. Instead of your assets going directly to these people, they get placed into a trust. In the eyes of the law, a trust is a legal entity that contains your assets. You can put them into it while you’re still alive.

When you create a trust, you are the grantor. If there are ownership titles for the things you put into the trust (also referred to as funding trust), your name gets removed from them. The titles are now in the name of the trust. 

Should anything happen to you, your assets have already been put into a trust. It is not up to the court to distribute these. The trustee handles this. 

What The Trustee Does

The trustee is responsible to the beneficiaries. The grantor (and likely an attorney) solidified the trust and established which assets go where. Trustees manage the trust per the grantor’s wishes. 

Being a trustee can be a significant undertaking. If there are assets to be invested, you will be responsible for this. You will likely be expected to do so reasonably. Seek low-risk investments with steady, albeit relatively slow, growth.

In addition, you may have to give reports to the beneficiaries regarding the state of the trust and the investments. 

Are you expected to handle all this on your own? No, and various professionals can help you. The first is an attorney. You are executing according to the directions and intent expressed by the grantor. An attorney ensures you understand the scope of your work. Secondly, there are ways for the grantor to manage the trust (and be one of two trustees) while he or she is alive. You can also choose to hire accountants and bookkeepers.

Trustees can also be paid for their time and work. Either the trust states how much you will be paid, or an attorney can determine it. 

ElDeiry & ElDeiry, P.A

A trust is a powerful estate planning tool. If you are ready to build an estate plan—or modify one due to new circumstances, contact ElDeiry & ElDeiry, P.A., to schedule a consultation. The right plan gives you peace of mind, and we are ready to help you get there.