What Is SMART|beginningsSM Trust Planning?

At Borakove Osman LLC, we understand the importance of securing a future for your loved ones from the very start. That’s why we offer SMART|beginningsSM Trust Planning, a service designed specifically for young families. We want to help you establish a foundation that protects those you love without getting bogged down in the complexities of advanced estate planning instruments and strategies.

This unique service zeroes in on the essentials that matter most to young families. We offer a straightforward approach that prioritizes your immediate needs: protecting your children and safeguarding your assets. At the core of SMART|beginningsSM Trust Planning is the creation of a revocable living trust. This type of trust allows your family to avoid the delays and costs associated with probate so your assets reach your beneficiaries as quickly and efficiently as possible. We also help you nominate guardians for your children, giving you peace of mind that people you trust will care for them should anything happen to you.

The Benefits of Trust-Based Planning

Trust-based planning offers one of the most effective and straightforward paths when you begin considering securing your family’s future. Understanding the benefits of setting up a trust can help you make informed decisions that secure a stable and protected future for your loved ones.

Avoiding Probate Costs and Delays

One of the primary advantages of establishing a trust is the ability to avoid probate, which is often lengthy and costly. Probate is the court-supervised process of authenticating your will and overseeing the distribution of your assets upon your death. This process can take months or even years to resolve, and families often incur significant legal fees that diminish the value of estate assets passed on to heirs.

By setting up a trust, you effectively transfer ownership of your assets to the trust during your lifetime. This strategic move means that upon your death, there is no need for your assets to go through probate since they are no longer tied directly to your personal estate. Instead, they are under the legal ownership of the trust. This means your family can access these assets much faster since they can bypass probate. Your loved ones will receive the full benefit of their inheritance without having to pay court fees, attorney’s fees, and other probate-related costs.

Furthermore, trusts can provide privacy that probate does not offer. Probate is a public procedure, meaning your estate and the terms of your will become public records during the process. This can invite unwanted scrutiny and disputes among potential heirs or creditors. In contrast, a trust allows for confidentiality, so your loved ones can manage your personal affairs privately without public exposure.

Finally, trusts offer the flexibility to manage unusual situations more efficiently than probate. For instance, if you own property in different states, each property would typically have to go through probate in its respective state. This multi-state process can be highly time-consuming and expensive. However, with a trust, you can consolidate the management of these assets regardless of their location, simplifying the administration and reducing potential legal hurdles.

Protecting Your Family’s Future

Creating a trust also offers exceptional protection for your family’s future. With a revocable living trust, you can specify exactly how and when your assets should go to your beneficiaries. This is particularly relevant if you have minor children. You can stipulate that your children should only receive their inheritances when they reach certain ages or milestones or achieve specific life events, like college graduation. This ensures financial security for your children and prevents them from potentially mismanaging their inheritances at a young age.

Moreover, a trust allows you to appoint a trusted person as the trustee. This trustee will manage and distribute the assets according to your wishes to meet your children’s financial needs. For example, the trustee can use the trust’s funds to pay for educational expenses, healthcare, and general needs to promote your children’s well-being.

Trusts also provide a layer of protection against creditors and legal judgments. Since beneficiaries do not own the assets in a trust, they are typically safe from claims against the beneficiaries. This means the wealth you have accumulated and earmarked for your family’s benefit will be secure, even if future financial difficulties arise.

Who Needs SMART|beginningsSM Trust Planning?

At Borakove Osman LLC, we designed SMART|beginningsSM Trust Planning specifically for young families looking to secure their futures. This service is about starting early, planning wisely, and developing your estate planning strategy as your needs evolve. If you fit into any of the following categories, our service could be the perfect fit for you:

  • Young Married Couples with Minor Children: SMART|beginningsSM Trust Planning is ideal if you and your spouse have started a family with young children. This service prioritizes securing your children’s future and managing your assets according to your wishes without requiring lengthy legal processes.
  • Parents Concerned About Guardianship: Are you worried about what will happen to your children if something unexpected occurs? With SMART|beginningsSM Trust Planning, you can nominate guardians to ensure someone you trust will care for your children in the way you prefer, no matter what the future holds.
  • Families Looking for Simplified Estate Planning: If the idea of estate planning seems overwhelming due to its complexity, SMART|beginningsSM Trust Planning simplifies the process. We focus on the essentials most relevant to your current life stage, making it more approachable and less daunting.
  • Individuals Who Want to Avoid Probate: If avoiding the delays and expenses associated with probate sounds appealing, this service is right for you. When you create a trust with our SMART|beginningsSM Trust Planning service, your family can access their inheritance more quickly and without the usual probate costs.

How SMART|beginningsSM Trust Planning Differs from Traditional Estate Planning

SMART|beginningsSM Trust Planning offers a streamlined estate planning approach that is ideal for young families. Unlike traditional estate planning, which often involves complex strategies for large estates or later life stages, our service focuses on the essentials that matter most early on.

With SMART|beginningsSM Trust Planning, you get the benefits of creating a revocable living trust to avoid probate and, if applicable, nominating guardians for children. This simplified approach allows young families to avoid the complexities and costs of traditional estate planning.

By focusing on these straightforward, essential elements, SMART|beginningsSM Trust Planning enables you to establish a solid foundation for your future, whether you’re starting a family or looking to secure your financial legacy. This makes it an excellent choice for anyone beginning their estate planning journey.

Core Components of the SMART|beginningsSM Trust

SMART|beginningsSM Trust Planning is a unique service that offers younger families a straightforward way to begin their estate plans. This service focuses on critical components that provide essential benefits without the complications of more advanced planning strategies. Here, we break down the core components of the SMART|beginningsSM Trust Planning service to help you understand how it can fit into your estate planning strategy.

Features of the Revocable Living Trust

At the heart of SMART|beginningsSM Trust Planning is the revocable living trust. This type of trust is highly flexible. You can change or revoke it as long as you are alive and capable. The main advantage of a revocable living trust is that it allows you to maintain control over your assets during your lifetime while also preparing for efficient wealth transfer after your death.

The revocable living trust enables you to avoid the probate process. Probate can be time-consuming and costly, often requiring public court proceedings. With a trust, your assets can pass directly to your beneficiaries without probate, which keeps your financial matters private and allows your heirs to receive their inheritances more quickly and cheaply.

Additionally, a revocable living trust offers protection in the event of incapacity. If you lose the capacity to manage your affairs, the trust can allow a trustee you have appointed to step in and manage your assets for your benefit. This way, a dependable person can still meet your financial needs without court intervention.

Tailored Strategies for Young Families

SMART|beginningsSM Trust Planning is particularly beneficial for young families because it addresses relevant concerns such as guardianship and asset management for minors. As part of this service, you can nominate guardians for your children so people you trust can care for them according to your wishes if anything happens to you.

If you have children, your trust can specify how the trustee should use your assets to benefit your children as they grow. You can designate funds for essential expenses like education, healthcare, and special needs. You can also set conditions based on age or milestones to ensure your assets support your children’s development into responsible adults.

This tailored approach provides financial security for your children and gives you peace of mind, knowing that you have a plan in place to guide your children’s future. A revocable living trust can also adapt to your family’s changing needs, allowing adjustments as your children grow and your financial situation evolves.

Fathers hand holding his little child in sunny day outdoor, united family and happy childhood concept, banner format with copy space.

Nominating Guardians and Financial Caretakers

At Borakove Osman LLC, we understand the importance of ensuring your children have the care and support they need, no matter what the future holds. With our SMART|beginningsSM Trust Planning service, you get indispensable assistance with nominating guardians and financial caretakers to safeguard your children’s future. 

The Importance of Choosing the Right Guardians for Minor Children

If you’re a parent, choosing a suitable guardian for your children is one of the most significant decisions you will make in estate planning. Guardians are responsible for raising your children if you can no longer do so. This critical role includes providing day-to-day care, making educational decisions, and instilling values you deem necessary. The ideal guardian will reflect your parenting style and values to ensure continuity in your children’s upbringing.

In choosing a guardian, it’s essential to consider your children’s emotional and physical well-being and how potential candidates align with your family’s lifestyle and beliefs. You should also assess the stability of potential guardians, including their family dynamics, financial security, and physical and mental health. Choosing someone who can genuinely commit to raising your children in a loving and supportive environment is paramount.

Additionally, discussing your decision with potential guardians is essential to ensure they are willing and prepared to take on this responsibility. A candid conversation can provide the clarity and mutual understanding required to confirm they are ready and able to step in if necessary.

Steps to Nominate Guardians and Financial Caretakers

Here are some steps you should take when considering and nominating guardians and financial caretakers for your children:

  • Identify Potential Guardians and Financial Caretakers: Start by listing family members and close friends who share your values and parenting style. Consider their physical locations, family situations, and ability to handle the necessary responsibilities.
  • Discuss Your Plans with These Individuals: Have open discussions with your chosen candidates to ensure they are willing and able to assume the role. This step allows you to confirm their commitment and answer their questions about what the role would entail.
  • Formalize Your Decisions: Once you have chosen your guardians and financial caretakers, the next step is to name them in your estate plan formally. Our attorneys can prepare the relevant documents on your behalf to ensure they are legally valid.
  • Provide Clear Instructions: Be sure to specify in your estate plan how the guardians should care for your children and how financial caretakers should manage the assets you leave behind. Include details about education, health care, and general welfare.

Review and Update Regularly: As circumstances change, reviewing and possibly updating your choices of guardians and financial caretakers is necessary so the provisions remain relevant and effective. The attorneys at Borakove Osman LLC can conduct regular reviews and modifications of your plan to keep everything up to date.

Managing Assets for Minor Children

Managing assets for minor children is a critical component of estate planning for parents. With our SMART|beginningsSM Trust Planning, you can ensure the assets you leave behind are secure. With our guidance, you can formally designate a reliable party to manage these assets in a way that benefits your children as they grow. 

How Assets Are Managed and Protected

Managing and protecting assets for minor children involves creating legal mechanisms to ensure your assets promote your children’s best interests until they are mature enough to manage them independently. One of the most effective tools for this purpose is trust. By placing assets in a trust, you can appoint a trustee to oversee and manage those assets according to your specific guidelines.

The trustee’s role is essential since they are responsible for investing trust assets wisely and using them to fulfill your children’s needs, such as education, healthcare, and daily necessities. The trust can also protect the assets from waste, creditor claims, or any legal issues that might arise, preserving and securing your wealth until your children can manage it themselves.

Creating a trust allows you to establish specific rules for distributing your money. For example, you might specify that the assets should not be fully accessible until your children reach a certain age or complete their education. This can protect your assets well into the future and encourage responsible behavior.

Determining the Appropriate Ages and Milestones for Asset Distribution

Another important aspect of estate planning is deciding when and how your children should receive their inheritances. In addition to age, you should consider your children’s maturity levels and life situations. Common asset distribution milestones include reaching certain ages, graduating college, or getting married. You can designate these milestones as triggers for distributing assets or portions of assets from your trust.

For instance, you might decide that a portion of your assets should go to your children when they turn 18 to assist with college expenses. You could allocate another portion for when they turn 25 or complete higher education so they have financial support throughout each of these significant life stages. You might also set conditions based on achievements or responsibilities that indicate maturity, such as maintaining a steady job for a number of years or successfully managing a smaller financial account. These stipulations are an excellent way to prepare your children to handle larger amounts of money responsibly before they inherit.

A man and a woman running together in a green field on a summer day, holding hands and feeling the joy of being in love, happy family day, Back view

The Process of Setting Up Your SMART|beginningsSM Trust

Setting up a SMART|beginningsSM Trust with Borakove Osman LLC is a straightforward process that aims to meet your family’s unique needs. With our approach, you receive personalized attention and advice tailored to your specific circumstances so you can create a trust that truly reflects your wishes and goals for your family’s future.

Initial Consultation and Planning

Creating your SMART|beginningsSM Trust Plan begins with an initial consultation. At Borakove Osman LLC, attorneys Shayna W. Borakove and Peter C. Osman are committed to making this process as accessible and informative as possible. We offer consultations on a flat fee basis, typically ranging from $350 to $550. This fee covers all the preparation and tailored advice necessary to start your estate planning journey on the right foot.

During your initial meeting, we will discuss your family structure, financial situation, and long-term goals. This allows us to understand the full scope of your needs and the best way to address them with a SMART|beginningsSM Trust. We’ll explore various scenarios and discuss how to protect your assets and your children’s future, accounting for everything from nominating guardians to establishing financial safeguards.

Our background in family farming and understanding of the farm continuation process is particularly beneficial for clients with family-owned businesses or similar types of assets. We use this in-depth familiarity to offer insights and strategies that other lawyers often overlook.

Customizing Your Trust to Fit Your Family’s Needs

After your initial consultation, we will get to work on customizing your trust to suit your family’s specific needs. We know every family is different, so a one-size-fits-all approach does not suffice when it comes to something as important as estate planning. Whether your priorities include ensuring the continuity of a family business or providing for your children’s education and welfare, we tailor each aspect of your plan accordingly.

We consider factors such as your children’s ages, your financial goals, and any specific wishes you might have for how and when to distribute your assets. Our customization can also include designating milestones for asset distribution, such as reaching certain ages, achieving educational goals, or other significant life events.

Our goal is to help you create a trust plan that meets your current needs and can adapt to your family’s changing circumstances. By prioritizing flexibility and thoroughness, we can make your estate plan robust, thoughtful, and a perfect fit for your family. With our detailed, client-focused approach, you can secure your loved ones’ well-being and financial stability for years to come.

What to Expect After Establishing Your Trust

Once you establish your SMART|beginningsSM Trust Plan with Borakove Osman LLC, you will have taken a crucial step toward securing your family’s future. But setting up your trust is just the beginning. Managing your trust and keeping it up to date is essential to ensure it can continue to meet your family’s needs as circumstances change.

Ongoing Management and Updates

Managing a trust involves regular reviews and adjustments to reflect changes in your life and financial situation. Like any other important financial plan, a trust must be dynamic and capable of adapting to life events such as marriages, divorces, the births of new children, or significant changes in your financial assets. Keeping your trust’s instructions current ensures that it will continue to function as intended.

You should review your trust at least every three to five years or after any major life event. This allows you to reassess trustee appointments, beneficiaries, and asset distribution terms. For example, if you set up your trust when your children were young, you might want to adjust the terms specifying when they gain control of their inheritances as they mature.

Additionally, it’s wise to revisit your trust’s provisions in light of changes in state and federal laws that could affect estate taxes, asset protection, and probate processes. Keeping your trust aligned with current laws ensures that your estate plan remains effective and efficient.

Speaking With Borakove Osman LLC for Future Adjustments

At Borakove Osman LLC, we are here to help you manage your changing estate planning needs. We offer ongoing support and can provide the necessary legal advice to update your trust documents to accurately reflect any new circumstances or legal requirements.

When you reach out for adjustments, we will discuss any new developments in your life or changes in the law that might affect your trust plan. We’ll guide you through the process of making these updates so that every change is legally sound and aligns with your goals. Our team can handle all aspects of trust management, from minor tweaks to major modifications.

We commit to supporting you throughout the life of your trust, helping you manage it effectively, and adjusting it as necessary to safeguard your family’s well-being and financial security. Trust us to align your estate plan with your evolving needs and life goals.

hands holding red heart, health care, love, organ donation, mindfulness, wellbeing, family insurance and CSR concept, world heart day, world health day, National Organ Donor Day

Why Choose Borakove Osman LLC for Your Trust Planning?

Choosing the right legal team for your estate planning is essential. At Borakove Osman LLC, our boutique law firm is dedicated to setting up your trust plan and ensuring that it reflects your wishes and benefits your family to the fullest.

Extensive Experience in Family-Centric Trust Planning

Our attorneys’ experience is deeply rooted in family-centric trust planning. We understand that each family is unique, and we tailor our services to meet those specific needs and goals. We have built our approach on the belief that everyone should have control over their legacy—both the legacy they live today and the one they leave behind.

Our attorneys are deeply familiar with the nuances of estate planning, business succession, and farm continuation plans, bringing a wealth of knowledge from their practice across Wisconsin, Minnesota, and Massachusetts. This extensive experience allows us to develop sophisticated yet accessible trust solutions that protect your family’s future. Whether your estate is straightforward or complex, our team has what it takes to manage it effectively.

Dedicated Support and Guidance

When you choose Borakove Osman LLC, you receive continuous support and guidance throughout the trust planning process and beyond. We are here to help you build your living legacy and secure your continuing legacy according to your wishes.

Our firm will stand by you as your family and financial situation evolve over time. We are always ready to adjust your trust plan to reflect new circumstances or changes in relevant laws, offering peace of mind that these legal documents remain effective and up to date. Our dedicated support extends beyond mere legal advice—we aim to build a lasting relationship with you, providing clarity and understanding at every step.

By selecting Borakove Osman LLC, you entrust your legacy to a team that values personal attention and is passionate about empowering clients. We make the complex trust planning process understandable and accessible so you can make informed decisions that benefit you today and support your family tomorrow.

Get Started with SMART|beginningsSM Trust Planning

Getting started with SMART|beginningsSM Trust Planning at Borakove Osman LLC is straightforward and stress-free. We provide personalized guidance every step of the way so you feel confident and informed at each stage of the estate planning process.

Contacting Borakove Osman LLC

The first step in beginning your trust planning journey is to contact Borakove Osman LLC. You can reach us by phone, email, or through our website. Our friendly staff will help you arrange an initial consultation that fits your schedule. 

This meeting is your opportunity to meet with our experienced attorneys, who will listen to your needs and discuss how to tailor SMART|beginningsSM Trust Planning to suit your family’s specific circumstances. We offer this initial consultation at a fixed price, providing a cost-effective way for you to start your estate planning without any financial surprises.

Preparing for Your First Meeting

Preparation is key to making the most of your first meeting with us. You can start by gathering all relevant financial documents, such as property deeds, account statements, and any existing wills or trusts. Think about your goals for your estate and any specific wishes you have regarding care for your children or asset distribution. Additionally, consider any questions you might have about the trust planning process or estate planning in general.

Having these details ready for your first meeting will help us understand your situation better and provide the most accurate and helpful advice. Our goal is to make this process as smooth and comprehensive as possible and address every aspect of your future planning needs.

Contact Our SMART|BeginningsSM Trust Planning Attorneys
Request a Consultation
Back view of lovely family holding hands enjoying sun lights in filed during walk