Bare Trust

A bare trust is a legal arrangement in which one person, known as the trustee, holds legal title to assets for the benefit of another person, known as the beneficiary. The trustee has a duty to manage the assets in the trust for the benefit of the beneficiary, but they do not have any beneficial interest in the assets themselves.

Bare trusts are often used to hold assets for minor children or other individuals who are not capable of managing their own affairs. They can also be used to provide for a person's future needs, such as retirement or education.

There are a number of advantages to using a bare trust. First, it can provide a degree of protection for the assets in the trust. The trustee is responsible for managing the assets in the trust, and they cannot use the assets for their own benefit. This can help to ensure that the assets are available for the beneficiary when they need them.

Second, a bare trust can provide flexibility. The trustee can manage the assets in the trust in a way that is most beneficial to the beneficiary. For example, the trustee can invest the assets in a way that is designed to maximize growth, or they can use the assets to pay for the beneficiary's education or other expenses.

Third, a bare trust can be used to avoid probate. Probate is the legal process of transferring assets from a deceased person's estate to their heirs. If a person's assets are held in a bare trust, they will not go through probate when the person dies. This can save time and money for the beneficiaries.

There are also some disadvantages to using a bare trust. First, the trustee has a duty to act in the best interests of the beneficiary. This can mean that the trustee may have to make decisions that the beneficiary does not agree with. For example, the trustee may have to sell an asset that the beneficiary wants to keep, or they may have to invest the assets in a way that the beneficiary does not think is appropriate.

Second, a bare trust can be expensive to set up and maintain. The trustee will need to be paid for their services, and there may be other costs associated with the trust, such as legal fees.

Third, a bare trust can be difficult to change. Once the trust is created, it can be difficult to make changes to the terms of the trust. This can be a problem if the beneficiary's needs change over time.

Overall, bare trusts can be a useful tool for managing assets for someone else's benefit. However, it is important to weigh the advantages and disadvantages of a bare trust before deciding whether or not to use one.