trusts

Hynes & Chu, LLP

How to Create a Trust That Protects Your Legacy

When it comes to planning for the future, nothing is more important than ensuring your assets are managed and distributed according to your wishes. A trust—a legal arrangement in which one person holds assets for the benefit of someone else—can be one of the most effective tools in your estate planning toolkit.

At Hynes & Chu, we understand that creating a trust can feel overwhelming. That’s why we’re here to guide you through your options, providing clear advice that helps you make the right choices for you and your loved ones. With over 35 years of experience serving families in Mineola, Brooklyn, and Manhattan, our team is committed to helping you protect your legacy.
This guide provides a detailed overview of trusts and how they can work for your estate planning needs. By the end, you’ll have a solid understanding of your options, empowering you to proceed with confidence and clarity.

What Is a Trust and Why Do You Need One?
A trust is a legal arrangement that allows you to transfer your assets to a trustee, who manages them on behalf of your beneficiaries. Think of it as a secure framework for controlling how your wealth is distributed, either during your lifetime or after you pass.
Creating a trust isn’t just for the ultra-wealthy. Trusts can be beneficial for anyone looking to streamline their estate planning, protect their assets, reduce estate taxes, or avoid probate—a process many families want to steer clear of due to its time-consuming and expensive nature.
Beyond money, trusts can also help you pass on cherished family properties, heirlooms, or even your values by assigning funds for specific purposes like education or charitable giving.

Types of Trusts to Consider
Choosing the right type of trust depends on your needs, goals, and the size and complexity of your estate. Here are the most common types and how they might benefit you:

1. Revocable Living Trust
A revocable living trust allows you to retain full control over your assets while you're alive. You can adjust or dissolve it at any time, making it a flexible option for those new to estate planning. Upon your passing, this trust ensures that your assets pass directly to your beneficiaries, bypassing probate.

Best For:
People who are alive and want to manage their assets but avoid probate for their heirs.
Families looking for flexibility in their estate planning.

2. Irrevocable Trust
Unlike a revocable trust, an irrevocable trust cannot be altered or dissolved once it’s created. Why choose this less-flexible option? Because it removes the assets placed within it from your taxable estate, offering significant tax benefits. It also provides protection from creditors and lawsuits.
Best For:
Individuals with significant assets seeking tax advantages.
Anyone looking to protect their wealth from legal claims.

3. Special Needs Trust
Designed for individuals with disabilities, a special needs trust ensures your loved one can receive financial support without jeopardizing their eligibility for government assistance programs like Medicaid or Supplemental Security Income (SSI).

Best For:
Families with dependents who have special needs.
Anyone concerned about securing the future care of a disabled loved one.

4. Charitable Trust
Do you have a passion for giving back? A charitable trust allows you to allocate assets to your favorite charities, becoming a valuable tool for philanthropy. It can also provide tax advantages for you and financial support for the organizations you care about.

Best For:
People wishing to leave a lasting legacy through charitable giving.
Those looking for estate tax reductions.

5. Testamentary Trust
Created through a will, a testamentary trust comes into effect upon your death. While it doesn't avoid probate, it provides clear instructions for distributing your estate, often to minor children or other beneficiaries over time.

Best For:
Parents planning for their children's future.
Estates with specific payout instructions for beneficiaries.

Steps to Create a Trust
Creating a trust may seem complex, but partnering with the right professionals makes the process seamless. Here’s how we at Hynes & Chu recommend proceeding:

Step 1: Define Your Goals
What do you want your trust to accomplish? Are you aiming to minimize taxes, protect assets, ensure financial security for loved ones, or support a charity? Clarifying your goals will guide the next steps.

Step 2: Choose the Type of Trust
Based on your objectives, your estate planning attorney will help you select the right type of trust. We’ll evaluate your current financial situation and future plans to determine a solution tailored to your needs.

Step 3: Identify Trustees and Beneficiaries
Selecting a trustee—a person or institution responsible for managing the trust—is crucial. This individual should be reliable, competent, and able to act in your best interest. Beneficiaries, on the other hand, are the individuals or organizations who will benefit from the trust's assets.

Step 4: Draft the Trust Document
This is where your attorney formalizes the trust through a legal document. At Hynes & Chu, we ensure your trust is legally sound, complete with all necessary details, including how and when assets should be distributed.

Step 5: Fund the Trust
Once the trust is created, you'll need to transfer your assets into it—this can include real estate, bank accounts, investments, and other valuables. Without funding, your trust won’t serve its intended purpose.

Step 6: Periodically Review and Update Your Trust
Life changes—marriages, births, deaths, and financial shifts—should prompt a review of your trust. Working with experienced attorneys ensures your trust remains relevant and up to date.



Why Choose Hynes & Chu for Your Estate Planning Needs?
With over 35 years of experience providing legal services to families in Mineola, Brooklyn, and Manhattan, Hynes & Chu brings unparalleled expertise to your trust planning. Our approachable yet professional team is here to simplify the process for you, ensuring every detail aligns with your goals.
At Hynes & Chu, we believe estate planning isn’t just about protecting assets—it’s about protecting your legacy. Our personalized approach means we work closely with you to create a trust that reflects your unique values and priorities.

Secure Your Future Today
Creating a trust doesn’t have to be intimidating. At Hynes & Chu, we’re here to provide you with knowledge, understanding, and support every step of the way. Whether you’re seeking to protect your estate, benefit a loved one, or give back to your community, our team has the expertise to help.

Contact Us Today
Don't wait until it's too late – contact us today for a free consultation and take the first step towards securing.

Subscribe for Newsletter

Want updates and insights delivered straight to your inbox? Subscribe to the Hynes & Chu, LLP newsletter! Stay informed with the latest news, tips, and resources.