The Mercury News

Consider setting up a trust

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You may associate the term “trusts” with wealthy people, and it's true that many upper-income folks include one or more trusts in their estate plans. But people in the middle class may benefit from using trusts, too.

A trust is a legal document that can make sure your financial assets are passed on to your beneficiar­ies according to your wishes — during your lifetime or afterward. The beneficiar­ies might include your spouse, children, other family members, charities or pets. The financial assets in the trust are managed either by you or by one or more trustees, which can be trusted people or organizati­ons.

With a trust, you can specify that assets go to named beneficiar­ies at certain times, such as upon your death or when a child reaches a specific age (say, 30). It can help you distribute the rest of your property, too. And while a traditiona­l will can do that, wills take effect only after you die. A trust can establish arrangemen­ts if you're temporaril­y or permanentl­y disabled and unable to manage your assets.

Trusts can help you and your beneficiar­ies postpone or avoid some taxes, and assets that are passed on through a trust are often excluded from the probate process. That can make transfers of assets faster and less costly and can keep your arrangemen­ts more private.

There are many kinds of trusts, but they're typically either revocable or irrevocabl­e. A revocable trust, also known as a living trust, is one that you can change or cancel (revoke) until you die. An irrevocabl­e one is generally permanent — but can offer more tax advantages.

Trusts tend to be more complicate­d than wills, and often cost more to create. If you're considerin­g a trust, read more about them, perhaps in “The Complete Book of Wills, Estates & Trusts (4th Edition): Advice That Can Save You Thousands of Dollars in Legal Fees and Taxes” by Alexander A. Bove Jr. and Melissa Langa (St. Martins Griffin, $20). And consider consulting a profession­al, such as an estate lawyer.

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