CASTLE TRUST PLANNING (THE DYNASTY TRUST)
Castle Trust planning or Dynasty Trust planning is a special way of drafting trust documents to provide asset protection for the inheritance for your spouse, partner, children or other heirs.
Inheritances can be lost in many ways, all of which involve ownership of the inheritance. Some examples are:
- Heir is too young or financially immature
- Heir has a drug, alcohol or gambling abuse problem
- Heir is in a bad marriage
- Heir has lawsuits or judgments against them, or is in bankruptcy
- Heir is a special needs person, relying on government assistance for shelter, income, custodial medical care, or medical insurance
- Heir dies without doing estate planning
- Heir goes through a divorce without planning for their received inheritance
Castle Trust Planning passes the inheritance for your spouse, partner, children or other heirs into a lifetime trust for your children or other heirs. This lifetime trust can only be accessed to provide for the health, education, maintenance and support needs for the heir. Properly drafted, it can also enable the inheritance to be passed on in trust for potentially several generations of descendants in the same asset-protected manner, and usually completely free from future federal estate taxes (i.e. the “Death Tax.”)
Castle Trust Planning is appropriate for use in the Living Trust Plan and/or the Life Insurance Trust, as well as many other more advanced planning techniques. Issues surrounding the loss of an inheritance can apply with many types of trust planning.
Attorney Robert P. Bergman, Board Certified Specialist in Estate Planning, Trust and Probate Law, assists families in the San Francisco Bay Area with Estate Planning, Special Needs Planning for children and adults, special planning for retirement plan assets, and trust administration.