ALM LIVING TRUST FREQUENTLY ASKED QUESTIONS (FAQ)

What is Estate Planning?

 

Estate planning is the process of anticipating and arranging for the disposal of assets. The primary purpose of an estate plan is to take care of loved ones after you are gone.

 

What is a TRUST?

A Trust is one of the tools of Estate Planning. It is a legal entity you can create to hold assets that once transferred into the Trust, are managed in underwritten terms called the TRUST DEED.

The Trust deed describes how you want the Trust assets to be managed and distributed.

Who are the Parties to a TRUST?
  1. The SETTLOR: This is the person who set up the Trust.
  2. The TRUSTEE: This is the person who manages the trust assets and who ensures that the terms of your Trust deed are complied with.
  3. The BENEFICIARIES: These are the persons for whose benefit the assets are being held.
What type of assets can I tranfer into a TRUST?

You can generally transfer all types of assets into a Trust such as: Conventional and Unique Financial assets e.g. Share/Stock Portfolio, Copyrights, Royalties, Oil and Gas Interests etc.., Life Insurance Policies, Business Interests, Houses, Land etc…

However, personal chattels such as clothes, jewelleries, personal cars, shoes, handbags etc. cannot be transferred into a Trust but upon disposal of these personal chattels, the cash realized from sales can be transferred into the Trust.

What are the duties of Trustee?

The duties of a Trustee include to:

  1. Ensure proper transfers of title of assets to be transferred into the Trust.
  2. Invest the trust property for the benefit of the Beneficiaries.
  3. Maintain detailed records of all assets and transactions.
  4. Review assets regularly for quality and performance.
  5. Ensure that payment and distributions are made to genuine Beneficiaries.
  6. Facilitate final transfer of Trust assets to the eventual owners i.e. Beneficiaries.
What happens when a Settlor dies leaving a TRUST?

Where the Settlor dies leaving a Trust, the Trust assets are separate and distinct from the Settlor’s personal estate. The Trustee shall continue to manage the assets just as when the Settlor was alive. The Trustee shall distribute the deceased’s estate in accordance with the terms of the Trust Deed.

When is it appropriate to use a Trust or a Will?

Your Will serves purposes that no other estate planning document can fulfill.
Through your Will you can:

  • Designate who will care for your minor children (if you have any) and their money.
  • Plan how your estate will pay your bills (e.g. medical, estate taxes and burial plans).
  • Provide a backup plan in case something is accidentally left out of your estate plan or a bequest fails.

Therefore if you are still at the stage of assets and wealth accumulation, with children who are still minors, it is important that you draw up a Will with instructions on how to distribute your current assets and care for your children.

Why you should choose ALM Trustees?
  • We are committed to a quick turnaround time, quality service delivery, innovation and integrity.
  •  Flexibility: We aim to realize our clients’ goals with little or no bureaucratic processes.
  • Trust Management: We afford you the opportunity to actively manage your Trust Assets as Trustee whilst we be appointed as Co-Trustees.
  • Being Corporate Investment Advisers we are able to advise our clients on investment opportunities in order to fully maximize the value of their portfolio.
  • We operate a family office structure and thus are able to effectively administer your Trust.
  • "We offer on-line access to clients" accounts maintained with us.
  • Responsiveness: We are available to our private trust clients 24/7

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