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HEADLINES

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Trust
Talk
Beware of Mill Trusts
When it comes to trusts, you usually get what you pay
for. If you are looking for a trust to control the disposition of assets,
reduce administration costs, or avoid probate, etc., a revocable trust
or living trust can be an effective tool to use, but don’t be fooled into
buying a “mill” trust, which is a generic, one-size-fits-all trust. Such
trusts may not be scams, but they generally are not suited for estate planning
and are usually a waste of money.
Fortunately, mill trusts are easy to spot.
Mill trusts are generally cheap-ranging from
a few hundred to several hundred dollars. Remember that you do get
what you pay for.
Mill trusts do not usually require personal professional
advice. Instead, most counsel is given in the form of questionnaires, letters,
and simple instructions that are identical for every buyer. Successful
estate planning requires the advice of an expert after consideration of
the client’s specific needs and goals.
Most mill trusts have limited purpose - usually avoiding
probate. A properly drafted trust takes into account contingencies such
as incompentency and divorce, family circumstances such as children and
grandchildren from different marriages, and integration of other estate
planning tools such as insurance, retirement funds, and charitable gifts.
Since mill trusts involve minimal involvement of professional
planners, they tend be funded improperly. The client is left to fund the
mill trust on his or her own. Some people, in the absence of good counsel,
forget this step entirely.
When it comes to estate planning (as with any complex tax
issue), there is just no substitute for expert advice.
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