Trust maintenance
is the lifetime process of keeping living trust estate plans up to
date. It fosters a
relationship-driven practice model built with long term client
associations. The
law firm typically supports client trust plans with vital services
and routine updating to ensure that clients' plans work as intended.
When a trust is designed and created, it reflects existing client
conditions and known circumstances in the law and tax code.
Over time, inevitable changes in the law, tax code, the client's
family, and financial circumstances affect how current the trust
plan remains. Historically, very few clients updated their
trust plans regularly to prevent these types of changes from eroding
the effectiveness of the planning. Without routine updating,
estate plans often fail to achieve the very goals
the trust documents were
crafted to accomplish.
Estate planning attorneys today are establishing maintenance and
update programs to resolve these evident shortcomings in the
planning process.
An effective trust maintenance
program offers periodic updates to trust documents to keep them
current with the law and modern in their design techniques.
Initial
trust funding support – the
legal and administrative process of transferring assets to the
trust's control – is often included. Trust funding reviews and
ongoing funding support ensure that funded trusts remain so, even as
clients acquire new assets and dispose of older ones.
Educational training and support for non-professional trustees can
be provided to make sure that client "helpers" are informed and
prepared for their roles. These professional offerings provide
the full service law firm with steady revenue and long-term client
associations. When clients pass away, trust settlement and
successor planning typically accrues to the firm. Trust
maintenance programs attract and retain new clients. They also
create opportunities to partner with likeminded financial and tax
advisors in the marketplace, achieving superior planning outcomes
for clients.