Delaware Fideicomiso en Vida con Provisiones por Discapacidad - Living Trust with Provisions for Disability

• Category: Fideicomisos - Fideicomisos en vida - California
• State: Multi-State
• Control #: US-0651BG
• Format: Word

Description

A living trust is a trust established during a person's lifetime in which a person's assets and property are placed within the trust, usually for the purpose of estate planning. The trust then owns and manages the property held by the trust through a trustee for the benefit of named beneficiary, usually the creator of the trust (settlor). The settlor, trustee and beneficiary may all be the same person. In this way, a person may set up a trust with his or her own assets and maintain complete control and management of the assets by acting as his or her own trustee. Upon the death of the person who created the trust, the property of the trust does not go through probate proceedings, but rather passes according to provisions of the trust as set up by the creator of the trust.

Delaware Living Trust with Provisions for Disability is a legal arrangement designed to provide individuals with the peace of mind that their assets will be managed according to their preferences in the event of a disability or incapacity. This type of trust ensures that the granter's financial affairs are handled smoothly and efficiently, with specific provisions put in place to address potential disability-related concerns. There are several types of Delaware Living Trusts with Provisions for Disability: 1. Revocable Living Trust with Disability Provisions: This type of trust allows individuals to have full control over their assets during their lifetime. It can be modified or revoked at any time, and in the event of disability or incapacity, a previously appointed successor trustee will step in to manage the granter's assets. The trust document defines the conditions under which the granter is considered disabled, ensuring a smooth transition of management. 2. Special Needs Trust (SET): Sets are specifically designed for individuals with disabilities and are commonly used to protect their eligibility for government assistance programs such as Medicaid and Supplemental Security Income. These trusts provide supplemental resources to enhance their quality of life without jeopardizing their access to crucial benefits. Sets include crucial provisions that allow the disabled individual to receive additional financial support while maintaining their eligibility for government assistance. 3. Testamentary Trust with Disability Provisions: This type of trust is established through a will and only becomes effective upon the granter's death. While not technically a living trust, it is often included in discussions about provisions for disability. Testamentary trusts with disability provisions allocate assets for the care and financial support of disabled beneficiaries, usually managed by a trustee until the beneficiary can assume control. Delaware Living Trusts with Provisions for Disability offer multiple benefits. Firstly, they provide a trustworthy mechanism to ensure that a trusted person or entity will handle financial matters efficiently in the case of a granter's disability or incapacity. This eliminates the need for court-appointed guardianship or conservatorship proceedings, which can be time-consuming, costly, and often invasive. Additionally, these trusts guarantee the continued management and protection of assets according to the granter's wishes. For example, if the granter desires specific medical care, accommodations, or funding for disability-related expenses, the trust document can outline these provisions. This ensures that the granter's desires are respected, even if they are no longer able to communicate or make decisions independently. Delaware Living Trusts with Provisions for Disability are versatile tools that offer peace of mind to individuals worried about their financial future in the face of disability or incapacity. They allow the granter to retain control during their lifetime while providing a seamless transition of management in the event of disability. Collaborating with an experienced estate planning attorney is essential to tailor the trust document to specific needs, ensuring comprehensive provisions for disability management.

Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.