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As an entrepreneur and investor who has spent decades building businesses and accumulating assets, I’ve learned that true success isn’t just about what you achieve in your lifetime — it’s about what you leave behind for future generations. After all, what good is having a thriving real estate portfolio, multiple businesses and a healthy bank account if it all ends up in probate, caught in the web of estate taxes or dissipated due to poor planning? To prevent these pitfalls, I took a crucial step: I set up a trust.
A trust isn’t just a legal tool for the ultra-wealthy — it’s a strategic, accessible way to ensure your loved ones benefit from your hard work. By placing my real estate holdings and business entities into a trust, I found a path to not only protect these assets but also ensure tax efficiency, privacy and future wealth growth.
In this article, I’ll walk you through the fundamentals of trusts, explain the different types and detail the strategic steps I took to create a legacy plan that will outlive me. My goal is to help you understand how a trust can save on taxes, secure your legacy and give you peace of mind.
Related: What Is a Trust Fund and How Do They Work?
Understanding the basics of a trust
At its core, a trust is a legal arrangement in which you (the grantor) transfer ownership of certain assets — such as property, cash, shares and businesses — to another entity (the trustee) who will manage these assets on behalf of the people or organizations (the beneficiaries) you choose. While the trustee legally owns the assets, they must manage and distribute them strictly according to the instructions you lay out in the trust agreement.
The beauty of a trust is that it can be tailored to your exact needs. Unlike a simple will, which comes into play only after death, a trust can begin operating while you’re still alive, offering you more control, oversight and flexibility in managing and distributing your wealth over time. This can help circumvent the costly, time-consuming probate process and keep your affairs private.
Why I chose a trust
Before I dive into the “how,” let’s talk about the “why.” When I first started building my portfolio, I assumed that a basic will would suffice. But as my business interests expanded and my real estate holdings grew, I realized that I needed something more robust and flexible — something that would ensure the smooth transition of wealth without unnecessary taxes, fees and legal headaches.
A trust allowed me to:
Avoid probate: By placing my properties and businesses in a trust, I ensured that they wouldn’t get tangled up in a drawn-out probate process. This means my heirs won’t have to deal with months — or years — of legal fees and court proceedings.
Reduce taxes: Carefully selecting the type of trust can help minimize estate taxes, gift taxes and even income taxes under certain conditions.
Maintain control: Even after I’m gone, the trust agreement will ensure that my assets are managed and distributed according to my instructions, preserving my vision for my legacy.
Privacy: Unlike wills, which often become part of the public record after death, trusts remain private documents. This ensures that my family’s finances and future plans don’t become gossip fodder.
Preserve wealth for future generations: With a trust, I can outline conditions that extend well beyond my children, reaching grandchildren and even great-grandchildren, ensuring generational wealth.
Types of trusts to consider
When it comes to trusts, one size does not fit all. Different types offer different benefits and levels of control. Some of the most common include:
Revocable living trust:
What it is: A trust you create during your lifetime that you retain the right to modify or revoke.
Benefits: Flexibility. Since you can change terms at any time, it’s a great option if your financial situation, family dynamics or long-term goals evolve.
Tax considerations: The assets remain part of your taxable estate, so this trust doesn’t offer significant tax benefits. Its main advantage is avoiding probate and maintaining privacy.
Irrevocable trust:
What it is: Once created, the terms generally cannot be changed (with a few exceptions and with the consent of beneficiaries or court approval).
Benefits: Offers substantial estate tax benefits because the assets are often removed from your taxable estate. This makes it ideal for tax planning and wealth preservation.
Tax considerations: By relinquishing control, you can potentially shield assets from estate taxes, gift taxes and, in some cases, creditors. Income generated by the trust may be taxed at the trust’s rate, but strategic structuring can mitigate this.
Dynasty trust (generation-skipping trust):
What it is: Designed to pass wealth down multiple generations.
Benefits: Shields wealth from estate taxes at every generational transfer. This is a powerful way to extend your legacy indefinitely.
Tax considerations: Properly structured, it can minimize or eliminate estate taxes for future generations, allowing your wealth to compound and grow over time.
Charitable remainder trust (CRT):
What it is: Allows you to receive an income stream from assets placed in the trust, with the remainder eventually going to a designated charity.
Benefits: You get an immediate charitable deduction and can bypass capital gains taxes if you contribute appreciated assets.
Tax considerations: Reduces your taxable estate and provides ongoing tax benefits while supporting philanthropic goals.
Related: What Is a Living Trust? Here’s Everything to Know.
Steps to setting up your trust
Setting up a trust can seem complex, but by breaking it down into manageable steps, you can ensure a smooth process.
Identify your goals: Before you begin, clarify what you hope to achieve. Do you want to avoid probate, minimize taxes, support a charitable cause, ensure that your heirs receive assets at specified ages or all of the above? Having clear objectives will guide your choice of trust and shape the trust agreement.
Take inventory of your assets: Compile a comprehensive list of your assets — real estate, business interests, stocks, bonds, cash, insurance policies and valuable personal property. Understanding what you have and how it’s structured is key to deciding which assets to place in the trust and what type of trust will best serve those assets.
Consult a qualified attorney and financial advisor: The laws governing trusts vary by jurisdiction, and changes in tax law mean you need an expert’s current, in-depth knowledge. Work with an experienced estate planning attorney who can draft the trust documents and tailor them to your unique situation. A financial advisor or CPA can provide insights into the tax implications of different trust structures, ensuring that your arrangement is both legally sound and financially advantageous.
Choose a trustee: This is a critical decision. Your trustee can be an individual you trust — like a family member or a close friend — or a professional trustee, such as a corporate trust company. Consider someone (or an entity) with strong financial literacy, a proven track record of responsibility and impeccable integrity. You can even appoint co-trustees to balance skill sets.
Draft and finalize the trust documents: Your attorney will prepare the trust deed, clearly outlining the rules, restrictions and distributions. Review this thoroughly and ensure that it matches your intentions. Once you’re confident, sign the documents and have them properly witnessed and notarized, following local requirements.
Fund the trust: Setting up a trust is only the first step. You must then transfer ownership of the designated assets into the trust’s name. This could mean re-titling deeds for real estate, changing the ownership of business shares and moving bank and brokerage accounts into the trust’s name. Without funding, a trust is just an empty shell.
Review and update regularly: Life isn’t static. Family situations change, tax laws evolve, and your wealth will likely shift over time. Periodically review the trust documents with your attorney and advisor to ensure it still meets your objectives. Revocable trusts can be modified easily, while irrevocable trusts may need special procedures to adjust terms. Regardless, staying proactive keeps your plan relevant.
Related: How Entrepreneurs Can Eliminate This Damaging Tax Liability with Smart Planning
The tax savings and legacy payoff
By setting up a trust, I’ve secured multiple layers of protection and efficiency. My family won’t have to endure costly, public probate proceedings. My tax burden is reduced because the trust structure allows assets to pass outside my taxable estate and, if properly managed, can minimize or avoid estate taxes. For my business holdings, the trust ensures a smooth transition of leadership and prevents unnecessary legal battles over ownership. And perhaps most importantly, my children — and their children — will inherit not just wealth but a blueprint for preserving and growing that wealth responsibly.
Placing my assets in a trust was one of the smartest moves I’ve made as an entrepreneur and father. It’s given me peace of mind, knowing that my hard-earned legacy is protected, my tax obligations are minimized, and my family’s financial future is secure. Setting up a trust can seem daunting, but with clear goals, professional guidance and a willingness to adapt as circumstances change, you’ll find that it’s not just a tool reserved for the wealthy. It’s a powerful instrument available to all of us who care about preserving what we’ve built for generations to come.
