While the federal estate tax basic exclusion amount has risen dramatically in recent years, some states have not followed suit by raising their exemptions. Even with higher current exemptions, the future of taxes is unpredictable, so you need a strategy to deal with potential estate taxes if you own significant assets. A trust could be part of that strategy.
CONTROL AND PRIVACY
A trust can help you control when and how assets are used during your lifetime. And when estate taxes aren't an issue, a revocable trust may offer an attractive option. (It is revocable because you can change its terms or cancel it.)
Trusts, both of the revocable and irrevocable variety, shield their assets from the public glare of probate. One caveat: Only those assets owned by the trust avoid probate, so you'll have to change the title of any assets you move. Both types of trusts can also include terms and conditions that deal with potential incapacitation.
And even when taxes aren't an issue, you may want to consider trusts that can offer you more control over how and when adult special-needs and spendthrift children receive assets during their lifetimes.
While all trusts provide a measure of privacy and control, revocable trusts won't provide tax advantages. However, an irrevocable trust will. The federal estate tax exclusion, now more than $11 million per person, was half that just three years ago and below $1 million two decades ago. As governments seek revenue, know that taxes can rise as easily as they fall.
Regardless, some states offer the same exemption allowed by the federal government, but others decouple their rates - some to as low as a $1 million exemption. Other states levy separate inheritance taxes, too. So if you have assets you want to pass to future generations, talk to an estate planning attorney and your tax professional to learn more about trusts.