What Is a Trust Fund? (2024)

By

Joshua Kennon

Joshua Kennon is an expert on investing, assets and markets, and retirement planning. He is the managing director and co-founder of Kennon-Green & Co., an asset management firm.

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Updated on January 24, 2022

In This Article

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In This Article

  • Definition and Examples of Trust Funds
  • How a Trust Fund Works
  • Benefits of a Trust Fund

What Is a Trust Fund? (2)

Definition

A trust fund is a special type of legal entity that holds property for the benefit of another person, group, or organization. There are many different types of trust funds and many provisions that define how they work.

Key Takeaways

  • A trust fund is a special type of legal entity that holds property for the benefit of another person, group, or organization.
  • There are three parties involved in a trust fund: the grantor, the trustee, and the beneficiary.
  • A trust fund sets rules for how assets can be passed on to beneficiaries.
  • Trust funds can be revocable or irrevocable. Irrevocable trusts have more benefits.
  • Trust funds ensure that your family abides by your wishes and offers tax benefits.

Definition and Examples of Trust Funds

A trust fund is often used as an estate planning tool. It's used to minimize taxes and avoid probate, which is the legal process used to distribute the assets of a deceased person.

While there are many specific types of trust funds, they fall into two main categories:

  • Revocable: This type of trust is also known as a "living trust." These trusts are flexible and can be dissolved. They typically convert to an irrevocable trust on the death of the grantor.
  • Irrevocable: This trust transfers assets out of the grantor's estate and can't be altered once established. This type of trust has more protections from creditors and more tax benefits than a revocable trust.

How a Trust Fund Works

A trust fund sets rules for how assets can be passed on. Suppose someone wants to leave money to their grandchildren, but they're concerned about their grandchildren using all the money while they're young. The grandparents might put some assets into a trust that stipulates that funds can be accessed once the grandchildren reach the age of 30. Or they might specify that the funds can only be used for education.

Generally speaking, there are three parties involved in all trust funds:

  • The grantor: This person establishes the trust fund, donates the property (such as cash, stocks, bonds, real estate, art, a private business, or anything else of value) to it, and decides the management terms.
  • The beneficiary: This is the person for whom the trust fund was established.It's intended that the assets in the trust, though not belonging to the beneficiary, will be managed in a way that will benefit them, as per the specific instructions and ruleslaid out by the grantor when the trust fund was created.
  • The trustee: The trustee, which can be a single individual, an institution, or multiple trusted advisors, is responsible for making sure the trust fund maintains its duties as laid out in the trust documents and according to applicable law. The trustee is often paid a small management fee. Some trusts give responsibility for managing the trust assets to the trustee, while others require the trustee to select qualified investment advisers to handle the money.

In addition to the wishes of the grantor, trust funds follow state laws. Certain states may offer more advantages than others, depending on what the grantor is attempting to accomplish. It's essential to work with a qualified attorney when drafting your trust fund documents.

One of the most popular provisions inserted into trust funds is the spendthrift clause. This clause prevents the beneficiary from dipping into the assets of the trust to satisfy their debts.

Note

Some states permit so-called perpetual trusts, which can last forever. Other states don't allow these trusts unless they're charitable trusts (trusts that benefit charitable organizations).

The Benefits of a Trust Fund

There are several reasons trust funds are so popular:

  • Intentions: If you don't trust your family members to follow your wishes after your passing, a trust fund with an independent third-party trustee can oftenalleviateyour fears.For example, if you want to make sure that your children from a first marriage inherit a lake cabin that must be shared among them, you could use a trust fund to do it.
  • Tax benefits: Trust funds can be used to minimize estate taxes so you can get more cash to more generations further down the family tree.
  • Protection: Trust funds can protect cherished assets from your beneficiaries, like a family business. Imagine you own an ice cream factory and feel tremendous loyalty toward your employees. You want the business to continue being successful and run by the people who work in it, but you want a percentage of the profits to go to your adult child, who has an addiction problem. By using a trust fund and letting the trustee be responsible for overseeing management, you can achieve that. Your child would still get financial benefits but would have no say in running it.
  • Ongoing transfers: There are some interesting ways to transfer large sums of money using a trust fund, including establishing a small trust that buys a life insurance policy on the grantor. When the grantor passes away, the insurance proceeds are distributed to the trust.That money is then used to acquire investments that generate dividends, interest, or rent for the beneficiary to enjoy.

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Sources

The Balance uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read our editorial process to learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.

  1. Legal Information Institute. "Spendthrift Clause." Accessed Nov. 24, 2021.

What Is a Trust Fund? (2024)

FAQs

What Is a Trust Fund? ›

A trust fund is a legal entity that holds property or assets on behalf of another person, group, or organization. It is an estate planning tool that keeps your assets in a trust managed by a neutral third party or trustee. A trust fund can include money, property, stock, a business, or a combination of these.

What is a trust fund in simple terms? ›

Trust funds are legal arrangements that allow individuals to place assets in a special account to benefit another person or entity. Trust funds can be complex and often require the assistance of an attorney to set up, though there are online tools for the do-it-yourselfer.

What is a trust short answer? ›

A trust is a fiduciary arrangement that allows a third party, or trustee, to hold assets on behalf of a beneficiary or beneficiaries. Trusts can be arranged in many ways and can specify exactly how and when the assets pass to the beneficiaries.

How much money is usually in a trust fund? ›

While some may hold millions of dollars, based on data from the Federal Reserve, the median size of a trust fund is around $285,000. That's certainly not “set for life” money, but it can play a large role in helping families of all means transfer and protect wealth.

What is the idea of a trust fund? ›

A trust fund is a financial tool that is used to place assets into an account to be held by another person, so it's intended to benefit people other than the original owner. In short, instead of going from owner to beneficiary, money/assets go from owner to the trust fund, and then to the beneficiary at an agreed time.

Why would you put money in a trust fund? ›

Trust funds are designed to provide financial support and protection for your loved ones, and can be an effective financial tool depending on your circ*mstances. If you have assets you'd like to distribute before or following your death, you may want to consider setting up a trust fund.

Can beneficiaries withdraw funds from trust? ›

Once the beneficiaries reach a certain age or milestone, they can be allowed to withdraw money for themselves. However, their decisions are still often subject to a trustee's discretion and the trust grantor's rules.

What is the biggest mistake parents make when setting up a trust fund? ›

Selecting the wrong trustee is easily the biggest blunder parents can make when setting up a trust fund. As estate planning attorneys, we've seen first-hand how this critical error undermines so many parents' good intentions.

Should I put my bank accounts in a trust? ›

To make sure your Beneficiaries can easily access your accounts and receive their inheritance, protect your assets by putting them in a Trust. A Trust-Based Estate Plan is the most secure way to make your last wishes known while protecting your assets and loved ones.

What are the disadvantages of a trust account? ›

What Are the Disadvantages of a Trust in California? Trusts are costly to create. Creating a trust without an attorney may be less expensive, but doing so leaves the trust much more vulnerable to trust contests and other legal litigation. It is also more time-consuming to properly set up a trust than to create a will.

How do trust funds pay out after death? ›

The grantor can set up the trust, so the money is distributed directly to the beneficiaries free and clear of limitations. The trustee can transfer real estate to the beneficiary by having a new deed written up or selling the property and giving them the money, writing them a check or giving them cash.

Can you live off a trust fund? ›

It's all too easy to live exclusively on your trust income. As alluring as it might seem to spend it all, doing so makes you vulnerable to eventually running short of money or worse yet, falling into debt. The smart move is to establish a budget that includes using your income to build secondary income sources.

Do trust funds get taxed? ›

A trust is subject to tax in California “if the fiduciary or beneficiary (other than a beneficiary whose interest in such trust is contingent) is a resident, regardless of the residence of the settlor.” See Cal. Rev. & Tax 1774(a).

Who puts money in a trust fund? ›

Trusts involve: the 'settlor' - the person who puts assets into a trust. the 'trustee' - the person who manages the trust.

Should I leave my money in a trust? ›

Some of the ways trusts might benefit you include: Protecting and preserving your assets. Customizing and controlling how your wealth is distributed. Minimizing federal or state taxes.

How do you spend money out of a trust? ›

Typically, this means establishing a bank account just for the trust that only the trustee has access to. The trustee can then use this account to write checks, schedule ACH or wire transfers or withdraw cash. The trustee is responsible for keeping track of any and all withdrawals of money from the trust.

Are trust funds good or bad? ›

Trusts can offer financial protections, tax benefits, and even long term support to loved ones -- making them an invaluable tool in Estate Planning. That being said, Trusts have complex legal structures that can make them challenging to understand.

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