Keystone Law Firm - December 2018

DEBUNKED

IS YOUR TRUST PROTECTED FROM CREDITORS?

SOLUTION

Estate planning is always a smart move, but with so many options and choices available for you and your beneficiaries, it can be confusing to decide which path to take. As experts, lawyers can give you guidance, but diving into estate planning with a clear understanding of what you want and need is an important first step. Arm yourself with the following knowledge about a common estate planning myth as you prepare for your family’s future. The Myth: Putting your assets into a living trust will protect it from creditors. This way, you can save money for your heirs without potentially losing those funds if faced with legal compensation debt. The Truth: A living trust is a great way to safely save money for your loved ones after you pass. It eliminates the need for probate to disseminate your will properly, as your assets will already be named to beneficiaries. Additionally, much like other forms of saving, these trusts are protected by federal and state governments. This can be confusing, because trusts are protected and viewed as an ultimate say, regardless of their designation as revocable (ability to change throughout the lifespan of the “owner”) or irrevocable (the trust cannot be changed once it’s put into place). However, revocable living trusts are still viewed as part of your assets while you’re alive. If you have set up this kind of trust, you can easily adjust, move, update, and end it at any point. Therefore, the revocable living trust, though set up to benefit a loved one upon your death, is still very much your asset to make decisions about. This liquidity makes it available to creditors should you face any debt. However, this doesn’t mean irrevocable living trusts are always the way to go. Revocable living trusts allow you to make changes as your life progresses, and other forms of assets that are protected from creditors also have liquidity. Plus, irrevocable trusts may face limitations and stricter regulations. But they are not always safe from creditors.

Recipe:

Whether or not you have an open fire, you can easily roast some chestnuts using this simple, delicious recipe. Buttery Roasted Chestnuts

Ingredients

2 pounds fresh chestnuts, unpeeled 2–3 sprigs rosemary

2 teaspoons kosher salt, or more to taste

• •

Pinch of freshly ground nutmeg

1/2 cup unsalted butter, melted

Freshly ground black pepper, to taste

Instructions

1. Heat oven to 450 F. 2. Place a large sheet of foil on a rimmed baking sheet. 3. On a large, flat workspace, place chestnuts flat side down. Using a sharp knife, carve an X on the rounded side of each chestnut. 4. In a large bowl of hot water, soak chestnuts for 1 minute. 5. Pat dry and transfer to a medium bowl. Add rosemary, butter, salt, pepper, and nutmeg. Toss to coat and transfer to baking sheet. Arrange in a single layer. Gather the edges of the foil together, leaving an opening at the top. 6. Roast until peels curl up, about 30–45 minutes. 7. Transfer to a platter and serve while hot or warm.

If you’re planning for your family’s future, don’t do it alone. Save the headache and learn how Keystone Law Firm can help you by visiting KeystoneLawFirm.com.

Inspired by Bon Appétit

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