CapWealth works with The Private Trust Company, N.A. (PTC)* to assist you in carrying out your estate planning goals. We work seamlessly with PTC to provide trust and estate planning support while continuing to manage your investments. As a corporate fiduciary, PTC has a duty of loyalty and care that ensures your interests are driving all decisions. Working together for you, CapWealth and PTC share a commitment to help you pass on your wealth that work towards your financial objectives and retains family harmony.
Many people associate trusts with the ultra-wealthy. In fact, many estate plans involve trusts. Here are just a few examples:
With a Revocable Living Trust, you can be both trustee and beneficiary, retaining full control and receiving all income and principal, as needed. If you become unable to manage your financial affairs, the trust will continue for your benefit. When you pass away, the trust can remain for your beneficiaries according to the terms you set.
This form of trust is generally established for the benefit of a surviving spouse in order to minimize estate tax, while still providing income and support for the spouse, as needed. It enables those with large estates to take advantage of the substantial Federal estate tax exemption.
With a properly-drafted Marital Trust, a surviving spouse must receive all trust income, and can access the principal based on the trust’s terms. It enables the first spouse to die to direct the ultimate distribution of the trust’s assets. Often used in the case of second marriages, it ensures that assets of the first spouse to die pass to his or her heirs.
Trusts are often established for children and grandchildren. Sometimes it’s because the descendants are minors, and sometimes to delay an inheritance until the beneficiary is deemed capable of prudently handling the inheritance. Trusts can also protect assets from the claims of creditors.
With this type of trust, you make gifts to a trust, which then purchases life insurance on your life. When you pass away, the proceeds are payable to the trust and used to pay estate obligations and/or continue according to the trust terms you’ve established.
New legislation under the SECURE Act limits the ability for many beneficiaries to “stretch out” receiving retirement plan distributions. An Accumulation Trust allows you to combine your estate planning and retirement goals within a single framework and protect assets from divorce, dissipation, or creditors’ claims.
This type of trust is usually funded by family members or as compensation derived from a lawsuit for damages. It permits a beneficiary who is disabled to receive supplemental financial support while still qualifying for government benefits, such as Social Security Income and Medicaid, among others.
A GRAT helps to mitigate or eliminate transfer tax, especially when the transfer involves a highly-appreciating asset, such as a closely held business. The trust creator (grantor) makes an irrevocable transfer of property (often at a discount for gift tax purposes). In return, the grantor (or other designated beneficiaries) receives back an income stream for the term of the trust. If the grantor survives the term of the trust and the transferred asset appreciates by more than the actuarially projected remainder interest the trust is successful in removing most or all of the asset and appreciation from the grantor’s estate. When the trust ends, the assets pass to the beneficiaries named in the trust, or remain in further trust for multi-generational planning.
If you are charitably inclined and also wish to retain some use of assets for yourself or your beneficiaries, you may wish to consider a charitable trust. Charitable trusts offer the possibility of significant income, capital gains, and estate tax savings. With a charitable remainder trust, the donor transfers assets to a trust. The grantor or other beneficiaries receive an income stream for life or a term of years. When the trust ends, the trust goes to the donor’s chosen charity. A charitable lead trust is the converse: The donor transfers assets to a trust with income paid to the donor’s chosen charity. When the trust ends, the trust assets revert to the donor or other beneficiaries.
*The Private Trust Company, N.A. (PTC), a wholly-owned indirect subsidiary of LPL Financial Holdings Inc. PTC and LPL Financial have developed a strategic partnership to serve a growing number of independent financial advisors seeking to strengthen their wealth management offering clients institutional trust services.
LPL Financial Representatives offer access to Trust Services through The Private Trust Company N.A., an affiliate of LPL Financial. CapWealth and LPL Financial do not provide legal advice or services. Please consult your legal advisor regarding your specific situation.