What is a discretionary trust and how does it provide asset protection benefits?
A discretionary trust is a type of trust that allows the trustor (person creating the trust agreement) to give the trustee (person managing the trust) the power to decide which beneficiaries will receive the trust’s assets and how much they will receive. This type of trust is useful because it provides flexibility and control over the trust’s assets. In Hawaii, discretionary trusts provide asset protection benefits because they are effective at shielding the trustor’s assets from creditors. This type of trust can be structured so that the beneficiary is not the owner of the trust’s assets, allowing the trustor to remain in control of the trust’s assets. As a result, creditors cannot go after the trustor’s assets directly. Additionally, discretionary trusts provide asset protection benefits in Hawaii because they can be used to protect assets from estate taxes. The trustor can specify that the trust’s assets will pass to the beneficiary without the beneficiary paying any estate taxes. This allows the beneficiary to keep the full value of the assets. Lastly, discretionary trusts can also protect assets from the claims of creditors in the event of the trustor’s death or incapacity. In these cases, the trustor can specify that the assets will be held in trust by the trustee until the trustor’s specified conditions are met. This prevents creditors from attempting to seize the trustor’s assets. Overall, discretionary trusts provide a variety of asset protection benefits in Hawaii, making them a valuable tool for individuals seeking to keep their assets secure.
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