A Dynasty Trust, also know as a Beneficiary Asset Protection Trust, or BAPT, is a useful tool for our clients that wish to ensure that the inheritance they leave for their children, loved ones, and heirs is preserved and not otherwise wasted. This type of trust is a form of a Dynasty Trust in which you can pass your assets to future generations and keep certain protections over the assets. Those protections will be discussed at length in the following paragraphs. In Arizona, this type of trust can now last 500 years thanks to a law change several years ago, which allows for even more planning options.
By utilizing the BAPT technique in a Revocable Living Trust, you can provide protection to your Beneficiaries from liabilities such as Creditors, Lawsuits, and Divorce. The BAPT specifically kicks in when it comes time to distribute your assets after you have passed away. A BAPT trust is designed to avoid Probate Court, so long as you have completely funded the trust. Because it avoids probate, your Successor Trustee need only to pay the final expenses of the estate after you pass away, and then distribute your assets. The BAPT technique at that time will instruct your Successor Trustee to create Irrevocable Beneficiary Asset Protection Trusts for your heirs. These Irrevocable Trusts will hold your Beneficiary’s inheritance for them. Because the inheritance is owned now by an Irrevocable Trust, and not by the Beneficiary themselves, we can protect that inheritance and subsequently protect your Beneficiary.
The inherited BAPT or Dynasty Trust will provide your Beneficiaries with liability protection from Creditors, Lawsuits, and Divorce. Should your heir suddenly get divorced, the heir’s spouse cannot force them to liquidate the trust and otherwise split the assets with them. Your heir gains protection in case they are sued for some reason in the future, or if they owe creditors. If they lose a lawsuit or otherwise end up owing money to a creditor, they cannot be forced to invade the trust to pay their bills. Further, a well-designed BAPT can aid your children so that they don’t have to pay over trust assets if they end up on Medicaid, or in long term care.
We can also dictate the rules by which our Beneficiaries can access the BAPT. Every family is different, and some clients want the inheritance to remain in trust and only be accessible for emergencies. Other clients want to give their Beneficiaries full access to remove trust assets at any time. This is a personal choice that you should discuss with an attorney. Also, because this trust can last 500 years, you can decide how the assets get passed when your initial heir passes away. The trust might simply replace a deceased Beneficiary with that Beneficiary’s children, or you might provide a Power of Appointment to your Beneficiary, allowing them to decide where the assets go. There are so many options that it is exceptionally important that you discuss this this with an attorney.
In summary, a Dynasty Trust is a fantastic Trust built for those that want to ensure that their Beneficiaries have a high level of protection from any future Creditors, Lawsuits, or Divorces. Please click the button below to Schedule a free consultation with one of our experienced attorneys.