top of page
image (16).webp

Los Angeles Probate, Estate & Tax Blog

Recent developments in Probate, Estate and Tax Law.

How Does a Trust Fund Work? A Beginner’s Guide to Trust-Based Estate Planning

  • Writer: Linda Varga
    Linda Varga
  • 12 minutes ago
  • 3 min read

How Does a Trust Fund Work

When people hear the term trust fund, they often imagine vast fortunes passed down through generations of the wealthy. But in reality, trust funds are useful financial and legal tools for people of all income levels who want to protect and manage assets for loved ones.


In this blog post, we’ll explain how a trust fund works, including the roles involved, types of trusts, how they’re set up, and why you might want one in your estate plan.


What Is a Trust Fund?

A trust fund is a legal arrangement in which a person (called the grantor, settlor, or trustor) places money or other assets into a trust, to be managed by a trustee for the benefit of a third party, called the beneficiary.


Think of a trust fund as a financial container that holds and distributes assets based on specific rules set by the person who created it.

Key Roles in a Trust Fund

Role

Definition

Grantor

The person who creates and funds the trust

Trustee

The individual or institution that manages the trust assets

Beneficiary

The person or people who benefit from the trust assets

How Does a Trust Fund Work?

Here’s how the typical process unfolds:

1. Creation of the Trust

The grantor works with an estate planning attorney to create a trust document. This legal document outlines:

  • Who will serve as trustee

  • Who the beneficiaries are

  • What the trust owns

  • When and how distributions are made


2. Funding the Trust

The grantor then transfers assets into the trust. These assets may include:

  • Cash

  • Real estate

  • Investment accounts

  • Business interests

  • Life insurance policies

⚠️ A trust does not function unless it is properly funded!

3. Trust Administration

The trustee takes over management of the trust. Depending on the type of trust, this may occur during the grantor’s lifetime or after their death. The trustee has a fiduciary duty to act in the best interest of the beneficiaries.


4. Distributions to Beneficiaries

The trustee makes distributions according to the trust terms. Some trusts allow for regular payments (e.g., monthly income), while others may hold funds until the beneficiary reaches a certain age or milestone (like college graduation).


Types of Trust Funds

Revocable Living Trust

  • Can be changed or revoked by the grantor at any time

  • Commonly used to avoid probate and manage assets during life and after death

Irrevocable Trust

  • Cannot be changed once created (with limited exceptions)

  • Offers asset protection and estate tax planning benefits

Testamentary Trust

  • Created through a will and takes effect after the grantor dies

  • Goes through probate

Special Needs Trust

  • Designed to benefit a person with disabilities without affecting government benefits

Spendthrift Trust

  • Protects trust assets from a beneficiary’s creditors or poor spending habits


Benefits of a Trust Fund

  • Avoids Probate: Assets in a trust generally bypass the court process

  • Maintains Privacy: Unlike wills, trusts are not public record

  • Provides Control: You decide how and when your assets are distributed

  • Protects Beneficiaries: From lawsuits, creditors, or themselves

  • Manages Incapacity: A trustee can step in if you become unable to manage assets


When Do Trust Funds Pay Out?

It depends on the terms of the trust. Common scenarios include:

  • At the death of the grantor

  • When a beneficiary reaches a certain age (e.g., 25, 30, 35)

  • For specific purposes such as education, health, or home purchases

  • On a set schedule (e.g., monthly or yearly distributions)


Do You Need a Lot of Money to Set Up a Trust Fund?

Not at all. While trusts are often associated with wealth, they are also:

  • Used by middle-class families to plan for children or elderly parents

  • Affordable to set up with the help of an estate planning attorney

  • Scalable—you can start small and add assets over time


Final Thoughts

A trust fund is a powerful tool for anyone looking to safeguard their assets, avoid probate, or provide for loved ones in a controlled and thoughtful way. It’s not just for the ultra-rich—it’s for anyone who wants to plan wisely for the future.


To get started, consult an experienced estate planning attorney in your state who can draft a trust tailored to your financial goals, family dynamics, and legal needs.


Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions? call (626) 460-1763 or email LV@MoravecsLaw.com.


Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.

 
 
 

Comments


bottom of page