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Trust vs. Trust Fund: Definitions, Purposes, Key Differences

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While the terms trust and trust fund are often used interchangeably, they represent different aspects of estate planning. A trust is a legal arrangement where one party gives another the right to hold and manage assets for a third party. It’s essentially the legal framework that establishes how assets will be handled. A trust fund, meanwhile, refers to the actual assets that are held within that trust structure. Knowing the key differences between a trust vs. trust fund matters when making estate planning decisions. A financial advisor can help you determine which type of trust and asset structure best fits your goals.

What Is a Trust?

A trust is a legal arrangement that allows a third party, known as a trustee, to hold and manage assets on behalf of beneficiaries. This fiduciary relationship creates a structure where property or assets are held by one party for the benefit of another, providing a way to control how and when assets are distributed. Trusts can hold various types of assets, including real estate, investments, cash and personal property.

Trusts operate through three key roles: the grantor (also called the settlor or trustor) who creates the trust, the trustee who manages it and the beneficiaries who receive the benefits. When establishing a trust, the grantor transfers ownership of assets to the trustee. The trustee then manages these assets according to the trust document’s terms. They have a legal obligation to act in the beneficiaries’ best interests and follow the trust agreement’s instructions.

Creating a trust offers several advantages, including the possibility of avoiding probate, which can save time and money when transferring assets after death. Trusts also provide privacy, as unlike wills, they typically don’t become public record. Additionally, certain trusts can offer tax benefits, protect assets from creditors and provide for minor children or family members with special needs.

What Is a Trust Fund?

A trust fund is a legal arrangement where assets are held by one party (the trustee) for the benefit of another party (the beneficiary). Unlike a trust, which is the legal relationship itself, a trust fund refers specifically to the collection of assets—such as money, property, stocks or other investments—placed in the trust. These assets are managed according to the terms established by the creator of the trust, known as the grantor or settlor.

When establishing a trust fund, the grantor transfers ownership of specific assets to the trust, which the trustee then manages. The trustee has a fiduciary responsibility to manage these assets prudently and under the trust document’s instructions. The beneficiaries—who may be individuals, organizations or even pets—ultimately receive the benefits from the trust fund. This transfer can occur through either regular distributions or a lump sum at a predetermined time.

Trust funds offer several advantages for wealth management and estate planning. They can help avoid the time-consuming and potentially costly probate process that wills typically undergo. Trust funds also provide greater control over how and when beneficiaries receive assets. This can be valuable when beneficiaries are minors or have special needs. Additionally, certain types of trust funds may offer tax benefits or asset protection from creditors.

Choosing Between a Trust and a Trust Fund

A scale symbolizing fairness.

When planning your estate, your decision to set up a trust or a trust fund will depend on your specific financial goals. A trust is the legal arrangement that establishes how assets will be managed and distributed, while a trust fund refers to the actual assets placed within that legal structure. Consider your long-term objectives, such as providing for minor children or managing assets for beneficiaries with special needs.

The complexity of your assets plays a crucial role in this decision. If you have diverse holdings including real estate, investments and business interests, a comprehensive trust might be more appropriate. For simpler situations where you’re primarily setting aside specific monetary assets for a particular purpose, a trust fund within a broader trust structure could be sufficient.

Think about how much control you want over your assets during your lifetime and after your passing. Some trusts allow you to maintain significant control while you’re alive, while others transfer assets immediately. Trust funds typically operate within the parameters set by the trust document, so your comfort level with relinquishing control should factor into your decision.

Tax efficiency is another important consideration when choosing between a trust and a trust fund. Different trust structures offer various tax advantages, from reducing estate taxes to minimizing income taxes on investment returns. Consult with a tax professional who can analyze your specific situation and recommend the most advantageous approach.

How to Create Your Own Trust or Trust Fund

Before creating a trust or trust fund, clarify your specific goals. Are you looking to minimize estate taxes, protect assets from creditors, provide for a loved one with special needs or ensure your children receive their inheritance at appropriate ages? Your purpose will determine which type of trust best suits your needs and how you should structure it.

Different trusts serve different purposes. Revocable living trusts offer flexibility during your lifetime but provide limited asset protection. Irrevocable trusts offer stronger protection but less control. Specialized options like special needs trusts, charitable trusts or spendthrift trusts address specific situations. Research what aligns with your goals before proceeding.

Your trustee will manage trust assets and make distributions according to your instructions. This role requires someone trustworthy, financially savvy and willing to serve potentially for years. Consider naming a successor trustee as backup. For complex situations or larger trusts, a professional trustee, like a bank trust department, might make sense.

A trust without assets is merely an empty vessel. After creating the trust document, you must transfer ownership of assets into the trust’s name—a process called funding the trust. This may involve retitling real estate, changing account registrations, updating beneficiary designations or transferring business interests. Incomplete funding is one of the most common trust planning mistakes.

Bottom Line

A woman reviewing her estate plan.

A trust is the legal setup that outlines how assets will be managed and distributed, while a trust fund refers to the assets placed inside that setup. These tools are used in estate planning to help protect assets, manage wealth and carry out specific instructions after death. For help setting one up, consider speaking with a financial advisor or estate planning attorney.

Tips for Estate Planning

  • A financial advisor can help you manage your estate and create a plan to protect assets for beneficiaries. Finding a financial advisor doesn’t have to be hard. SmartAsset’s free tool matches you with vetted financial advisors who serve your area, and you can have a free introductory call with your advisor matches to decide which one you feel is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.
  • While it may be tempting to save some money and plan your estate by yourself, you should still be careful with these DIY estate planning pitfalls.

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