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Anyone considering creating an incentive trust for their children or other descendants should consult with an experienced incentive trust attorney. An incentive trust is simply a trust that conditions the distributions of trust assets on the fulfillment of certain conditions, and can be used to encourage or discourage certain events or behaviors. For example, an attorney could assist you in setting up a trust that only made distributions once your children graduated from college; on the other hand, you could also create a trust that did not make any distributions if a beneficiary used tobacco or drank alcohol.
How an Incentive Trust Attorney Can Help
The ways in which a trust attorney could help create an incentive trust include:
- Help you determine what conditions you would like to include in your trust
- Draft the trust document in a legally enforceable way
- Alert you to any tax or other liability issues that may arise by creating a trust
- Assist in any other estate planning matters or concerns that you may have
By retaining the services of an experienced trust attorney, you are ensuring that your trust will be effective and that distributions will occur as you intended.
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