At Foley Freeman, PLLC, our Boise trust planning lawyer has the skills and experience that you can trust. As a firm that provides comprehensive estate planning services, our team handles the full range of trusts. If you have any questions about trusts as an estate planning tool, we are here as a legal resource. Contact us today for your fully confidential, no obligation initial consultation with a top-rated Boise trust planning attorney. 

What is a Trust?

A trust is a legal arrangement where one party (the trustee) holds and manages property for the benefit of another (the beneficiary). The person creating the trust (grantor or settlor) transfers assets into the trust. Trusts provide a flexible method of controlling property. There is an all-too-common misconception that only very wealthy people can benefit from a trust. That is simply not the case. Many middle-class families in Boise, Ada County, and elsewhere in Idaho can use trusts to protect their assets, limit exposure to probate, and achieve other goals. 

Why Trusts Can Be Valuable Estate Planning Tools

Trusts can be an extremely powerful estate planning tool. They offer several advantages compared to a will alone. For example, assets held in trust can avoid probate. That provides more privacy and faster distribution. Trusts also allow for structured management of assets, which is important for minor children or beneficiaries with special needs. They can be tailored to protect property, reduce conflict, and, in some cases, provide tax advantages. A Boise trust planning lawyer can help you determine how this estate planning option can be best used to achieve your goals. 

We Handle All Types of Trusts in Boise, Idaho

The estate planning team at Foley Freeman, PLLC has the skills and experience to handle the full range of trusts. Along with other trusts, our Boise attorneys are prepared to help you with: 

  • Revocable Living Trust: A revocable trust is created during the grantor’s lifetime and may be altered or revoked at any time. It is commonly used to avoid probate and manage property during incapacity. Upon the grantor’s death, it becomes irrevocable and directs the distribution of assets to the assigned beneficiaries. 
  • Irrevocable Trust: An irrevocable trust cannot be changed once created, except under limited circumstances. Assets transferred into the trust are no longer owned by the grantor. That matters because when they are set up properly, irrevocable trusts are extremely powerful asset protection tools. These trusts are often used for long-term care planning.
  • Special Needs Trusts: A special needs trust provides financial support to a disabled beneficiary without jeopardizing eligibility for government benefits. The trustee manages distributions to enhance the beneficiary’s quality of life. Idaho families with special needs loved ones should strongly consider this type of trust. 

How Our Idaho Trust Planning Lawyer Can Help

Trusts are complicated. To achieve their purpose, a trust in Idaho needs to be set up properly and fully funded. At Foley Freeman, PLLC, we provide proactive, solutions-focused trust planning support. You can learn more about the firm and reach out to us directly with any specific questions about your case. Among other things, our Boise trust planning attorneys are ready to: 

  • Conduct a comprehensive, confidential review and evaluation of your case; 
  • Explain all of the options that you have for setting up a trust; 
  • Handle all of the paperwork required to set up a trust; and
  • Develop a comprehensive strategy designed to protect your best interests.

Trusts in Boise: Frequently Asked Questions (FAQs) 

Do I need a trust if I already have a will in Idaho?

You might. They are not “either/or” estate planning documents. A will directs property through probate, while a trust can avoid probate altogether. Many people use both as part of a comprehensive estate planning strategy. 

Can I change a revocable living trust in Idaho?

Yes, the grantor can amend or revoke a revocable trust at any time during their lifetime. Once the grantor passes away, only then does the trust become irrevocable

What duties does a trustee have under Idaho law?

A trustee must act in good faith, in the interests of beneficiaries, and with reasonable care. Duties include loyalty, impartiality, prudent investment, and proper accounting. Breach of duty may lead to personal liability. It is crucial that you pick the right person as a trustee. 

Contact Our Boise Trust Lawyer Today

At Foley Freeman, PLLC, our Boise trust lawyer is standing by, ready to protect your rights and your interests. If you have any specific questions or concerns about trusts, please do not hesitate to contact us today for a completely confidential initial consultation. We provide trust planning services in Boise, Ada County, and throughout the region in Idaho.