blog

How to Set Up a Trust in 2025: 7 Steps to Do it Successfully 

Share now

How to Set Up a Trust in 2025

Have you thought about setting up a trust to secure your assets and loved ones, no matter what life throws your way? Setting up a trust in 2025 might be the perfect solution. “How to set up a trust” is your valid concern in this scenario because your trust is a trusted legal way to control your assets and properly handle funds. 

Also, it can remain effective whether alive or after you’re gone. It protects your assets, saves on taxes, and avoids the hassle of probate. So, 2025 is a great time to set up a trust and make sure your legacy is secure.

Fales Law Group stays updated on recent changes in tax laws and estate planning to secure your hard-earned money. Contact us today to successfully set up a trust in 2025.

In this blog, we’ll discuss the seven key steps to set up your trust in the best way to secure your legacy.

how to set up a trust in 2025

7 Key Steps to Set Up a Trust Successfully 

Here are the essential steps to set up a trust and get ready for a more secure future for you and your loved ones:

Step 1: Determine the Purpose of Your Trust

You should decide on the purpose of trust before setting it up. Usually, your goals include estate planning, tax efficiency, charitable giving, or protecting loved ones. Next, choose between a revocable trust and an irrevocable trust. 

You’ll also need to decide if you want a living trust that takes effect while you’re alive or a testamentary trust that activates after your death. The right trust depends on your needs. You can choose flexibility vs. protection, immediate use vs. future planning. 

Step 2: Choose the Right Type of Trust

The type of trust depends on your particular needs. A revocable trust offers flexibility and avoids probate but lacks asset protection. An irrevocable trust provides tax benefits and shields assets but can’t be easily changed. However, your special needs trust supports disabled beneficiaries without affecting government aid. 

A charitable trust donates assets to charity while reducing taxes. A spendthrift trust protects assets from irresponsible beneficiaries by controlling distributions. However, consulting an estate planner can help you determine the best option easily.

Step 3: Select a Trustee Wisely

Your right trustee will manage your trust, follow your wishes, and handle legal and financial responsibilities. You can pick your family member or a friend who knows your values. Or, you can choose a professional trustee, like your lawyer or bank, for professional management. 

You should prefer trustworthiness, financial knowledge, and whether they can handle legal duties. If you’re unsure about your decision, talk to your estate attorney to find the best option.

Step 4: Identify and List Your Assets

Before setting up your trust, make a list of everything you own. Not all your assets should go into a trust, so check what makes sense. You’ll need to retitle assets in the trust’s name to transfer them. This may involve updating deeds, account names, or beneficiary designations. 

Some transfers could have tax implications, so talking to a financial professional is the smart option here. Properly funded trust guarantees your assets are protected and smoothly passed on to your loved ones without legal delays or extra costs.

7 Key Steps to Set Up a Trust Successfully

Step 5: Draft Your Trust Document

Creating a trust document is a vital step, and working with an estate planning attorney is the best way to get it legally sound. Your trust should clearly state its name, beneficiaries, and how assets will be distributed. You’ll also need to choose a successor trustee to manage things on your behalf. 

A well-written trust ensures your wishes are followed, and your loved ones are cared for. If still unsure, our attorney can guide you through the process and help avoid costly errors.

Step 6: Fund Your Trust Properly

Setting up a trust needs to move your assets into it. In fact, you’ll change the ownership of things like real estate, bank accounts, and investments so they legally belong to the trust. Also, update beneficiary designations on life insurance and retirement accounts. 

Your trust won’t work as planned if your assets aren’t properly transferred. To avoid issues, work with an attorney or financial professional to confirm everything is set up correctly and fully protected.

Step 7: Maintain and Update Your Trust

Your living trust isn’t something you just set up and forget about. You need to review it after significant life events like marriage, divorce, having a child, or changes in your finances. It’s also essential to stay informed about how future tax laws may impact your trust. 

So, prefer to keep open communication with your beneficiaries and trustees. This way, these regular updates help the trust meet your needs and the needs of those you care about now and in the future.

Ready to Set Up Your Trust Successfully in 2025

You can set up a trust by defining your trust’s purpose, choosing the right type, selecting a trustee, and transferring assets. Additionally, you should draft the document, fund the trust, and keep it updated to stay on the right track. 

Fales Law Group can ensure everything is done properly and according to your wishes. Contact us today for a free consultation to protect your legacy and guarantee your wishes are followed!

Search

Recent posts

Protect Your Family.

Meet with an experienced Living Trust attorney and safeguard yourself and your family from legal threats.

Gary L Fales

Gary L. Fales

Gary L. Fales is the founder and owner of Fales Law Group, a law firm that focuses on estate planning and asset protection. With over 20 years of experience, Gary has established himself as a prominent figure in the field of estate planning. Learn more

Common Questions

Frequently
Asked Question

What is the primary purpose of setting up a trust?

A trust serves multiple purposes, including estate planning, tax efficiency, charitable giving, and protecting loved ones. It allows you to control how your assets are managed and distributed, both during your lifetime and after your death. Trusts can help avoid probate, provide privacy, and offer potential tax benefits.

How do I choose the right type of trust?

Selecting the appropriate trust depends on your specific goals:

  • Revocable Trust: Offers flexibility and allows you to make changes during your lifetime; it helps avoid probate but doesn’t provide asset protection.
  • Irrevocable Trust: Provides tax benefits and shields assets from creditors but cannot be easily altered once established.
  • Special Needs Trust: Supports disabled beneficiaries without affecting their eligibility for government assistance.
  • Charitable Trust: Enables donations to charity while reducing estate taxes.

Consulting with an estate planning attorney can help determine the best option for your situation.

Who should I appoint as a trustee?

The trustee manages the trust’s assets and ensures your instructions are followed. You can choose a family member, friend, or a professional trustee such as an attorney or financial institution. Consider factors like trustworthiness, financial acumen, and the ability to handle legal responsibilities when making your selection.

What assets can be placed into a trust?

Various assets can be transferred into a trust, including real estate, bank accounts, investments, and personal property. It’s essential to retitle these assets in the name of the trust to ensure they are properly included. Some assets, like certain retirement accounts, may have tax implications when transferred, so it’s advisable to consult with a financial professional.

What are the steps involved in setting up a trust?

The process of establishing a trust typically involves:

  1. Determine the Purpose: Clarify your goals for the trust.
  2. Choose the Type of Trust: Select a trust that aligns with your objectives.
  3. Select a Trustee: Appoint a reliable individual or institution to manage the trust.
  4. Identify and List Assets: Compile a comprehensive list of assets to include in the trust.
  5. Draft the Trust Document: Work with an estate planning attorney to create the legal document outlining the trust’s terms.
  6. Fund the Trust: Transfer ownership of the identified assets into the trust.
  7. Review and Update: Regularly review the trust to ensure it continues to meet your needs and complies with current laws.
What role does an estate planning attorney play in the process?

An estate planning attorney provides expert guidance, ensures compliance with local laws, drafts necessary documents, and helps you navigate the complexities of protecting your assets and wishes.