Is a Trust Right For You?

May 5, 2022 Jon Benson

We have all heard the horror stories about families being torn apart after their parents pass away. Brothers, sisters, and long-lost family members who have spent years in court fighting over land, money, family heirlooms – big and small – and more. There will never be a family Christmas or birthday celebration together again.

This is not the vision or dreams that Mom and Dad held so close. This is not why they worked so hard and saved so much to give a better life to their kids and grandkids.

A trust can help.

Many of my clients did not see themselves as trust people until they knew the facts and benefits. Many believed trusts are only for the ultra-wealthy and famous, but that could not be further from the truth.

Choosing a Beneficiary for Your IRA or 401(k)

November 1, 2021 Heartland Trust

Adapted from Broadridge Investor Communication Services

Choosing a Beneficiary for Your IRA or 401(k)
Selecting beneficiaries for retirement benefits is different from choosing beneficiaries for other assets such as life insurance. With retirement benefits, you need to know the impact of income tax and estate tax laws in order to select the right beneficiaries. Although taxes shouldn’t be the sole determining factor in naming your beneficiaries, ignoring the impact of taxes could lead you to make an incorrect choice.
In addition, if you’re married, beneficiary designations may affect the size of minimum required distributions to you from your IRAs and retirement plans while you’re alive.

When Does an Estate Go Through Probate?

August 3, 2021 Missy Zarak, Trust Officer

Whether you have a last will and testament or not, your estate may have to go through the probate process. Probate is the legal process to administer and settle the estate of an individual who has passed away. When a person dies, their estate consists of assets, both real and personal property, they own on their date of death. It also includes the decedent’s debts, final expenses, and unpaid taxes. Somebody needs to be in charge of an estate to settle the affairs on behalf of the decedent.

Understanding Gift and Estate Taxes

August 3, 2021 Heartland Trust

Adapted from Broadridge Investor Communication Services

If you give away money or property during your life, those transfers may be subject to federal gift and estate tax and perhaps state gift tax. The money and property you own when you die (i.e., your estate) may also be subject to federal gift and estate tax and some form of the state death tax. These property transfers may also be subject to generation-skipping transfer taxes. You should understand all of these taxes, especially since the passage of the Economic Growth and Tax Relief Reconciliation Act of 2001 (the 2001 Tax Act), the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (the 2010 Tax Act), the American Taxpayer Relief Act of 2012 (the 2012 Tax Act), and the Tax Cuts and Jobs Act. The recent Tax Acts contain several changes that make estate planning much easier.

Background on federal gift and estate tax

Under pre-2001 Tax Act law, no federal gift and estate tax was imposed on the first $675,000 of combined transfers (those made during life and those made at death). The tax rate tables were unified into one — that is, the same rates applied to gifts made and property owned by persons who died in 2001. Like income tax rates, gift and estate tax rates were graduated. Under this unified system, the recipient of a lifetime gift received a carryover basis in the property received, while the recipient of a bequest, or gift made at death, got a step-up in basis (usually fair market value on the date of death of the person who made the bequest or gift).

The 2001 Tax Act, the 2010 Tax Act, the 2012 Tax Act, and the Tax Cuts and Jobs Act substantially changed this tax regime.

Wills: The Cornerstone of Your Estate Plan

May 4, 2021 Heartland Trust

Adapted from Broadridge Investor Communication Services

If you care about what happens to your money, home, and other property after you die, you need to do some estate planning. There are many tools you can use to achieve your estate planning goals, but a will is probably the most vital. Even if you are young or your estate is modest, you should always have a legally valid and up-to-date will. This is especially important if you have minor children because, in many states, your will is the only legal way you can name a guardian for them. Although a will does not have to be drafted by an attorney to be valid, seeking an attorney’s help can ensure that your will accomplishes what you intend.

What is a Trust Officer?

November 3, 2020 Jennifer Johnston, CTFA – Trust Officer

To understand who a trust officer is and what they do first requires that you understand what a trust is. Here’s a quick review: A trust is a vehicle used to hold property. A trust can hold the title to anything (like art, vehicles, and even pets!) but the most common assets in a trust are investments, real estate (residential, commercial and farmland), and sometimes partnerships and LLCs.

Trusts are established by someone known as a grantor/trustor who wants to establish control of these assets during their life and after they are deceased. There are various reasons for this control. Sometimes it is due to estate and tax planning but almost always there is an underlying desire to protect the assets for the trust’s beneficiaries, those who will benefit from the trust once the grantor is gone.

Trusts are managed by a trustee, who in turn is a fiduciary. A fiduciary must follow legal and ethical standards that binds the trustee to make decisions in their client’s best interest and provides the highest level of care a client can receive. A trustee’s responsibility is to safeguard the assets of the trust and ensure they are managed according to the terms of the trust document, while following current state and federal laws.

What Can Heartland Trust Company Do for You?

July 29, 2020 Jan Nelson, Trust Officer

Here at Heartland Trust Company, we are proud of the great reputation we have built in the community over the last 30 years. We know that if we do business the right way, we will be here for a long time. Our mission statement says it all: “We provide a lifelong commitment to the well-being of those we serve.”

Our reputation is everything, and that is why we choose to adopt the fiduciary standard. This means we apply the industry’s highest financial, ethical, and legal standards to the services we provide for our clients. We always act in our client’s best interest, and we would not do it any other way. We do things our own way, and we do it to benefit our clients. And even though trust is our middle name, we do much more than that.

Trust Administration
We started out as a trust company and we continue to provide these high levels of financial and ethical care that these special accounts require. We can serve as trustee, co-trustee, or agent for the trustee (usually for an individual named as trustee who would like assistance with responsibilities such as recordkeeping, asset management, and tax preparation). Types of trusts we administer include:
 Revocable Living Trusts
 Irrevocable Trusts
 Special Needs Trusts
 Charitable Trusts

Do I Need a Trust?

July 29, 2020 Jon Benson

Oftentimes when I am meeting with clients, we spend a significant amount of time focusing on fully understanding their personal and financial lives. This allows us to make sure that we can holistically address all of their needs, goals, and dreams for the future.

During this process, we discuss in-depth the best ways we can customize a plan to make it all happen.

Two of the most common questions I hear from clients are: 1) What is the difference between a trust and a will, and 2) Why it is important to document my wishes to best care for my family?

Simply defined, a will determines how your assets will be fully distributed after you die; a trust is a legacy to your heirs. Your trust details how your assets will be held and managed for the benefit of your heirs at your direction.

There are many different kinds of trust, each having its own focus and determined impact and benefit.

Agent for Trustee: Another Service Heartland Trust Provides

November 5, 2019 Jennifer Johnston, CTFA – Trust Officer

If you’ve been named as an individual trustee, it’s often considered an honor. However, you
now have significant responsibilities to the current and future beneficiaries of the trust,
which may feel overwhelming. Some of your duties as a trustee are to administer the trust
in accordance with the terms of the agreement, invest the trust assets, keep accurate
records, make sure the taxes are filed, and process distributions to beneficiaries. Plus, you
are responsible for managing the family dynamics of the trust beneficiaries.

One way to alleviate the pressures of your trust administration duties is to partner with a
corporate fiduciary in the capacity as an Agent for Trustee. Working with a corporate
fiduciary allows you access to professionals who have knowledge, experience, and
expertise in trust administration and investment management.

Is a Charitable Trust A Good Option for You

August 6, 2019 Jan Nelson, Trust Officer

Philanthropy is a key to the success of our region. The financial generosity of donors combined with donations of time and talents directly enrich the lives of those in need. This indirectly enriches the lives of us all. If you would like to make a gift now that will benefit both you and the charitable organization of your choice, one of the options listed below might be right for you.

Would you like to make a substantial give to a favorite charity, but hesitate because you may need those assets to support you while you are living? If so, you may want to consider a charitable remainder trust. The trust will pay taxable income to you (and your beneficiaries, if desired) for life or a term of years. The balance of the trust is then transferred to charity. Highly appreciated assets are excellent for funding charitable trusts, as the trust does not pay capital gains tax if those assets are sold and the donor uses the appreciated fair market value to determine the amount of the charitable contribution. Establishing a charitable remainder trust creates a current federal charitable contribution itemized deduction. North Dakota residents may also qualify for the ND Tax Credit for Planned Gifts. There are a number of payout options for charitable trusts: