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What Can Go Wrong With a Trust — and How to Make Sure It Doesn't 

October 14, 2021
David Parker, Esq.
David Parker, White Plains and New City NY Estate Planning Attorney
David Parker, Esq.
David Parker is an attorney who specializes in Estate Planning and Elder Law and has been practicing law for 30 years. Be it Wills, Trusts, Powers of Attorney, Health Care Proxies, or Medicaid Planning, David provides comprehensive and caring counsel for seniors and their families. A large portion of David’s practice is asset protection strategies so that families do not lose their hard earned savings to nursing home care costs. He also handles probate administration for the settlement of estates.
Hayley Mills became famous in the 1960s, starring in wholesome juvenile comedies like The Parent Trap (1961) and That Darn Cat! (1965.) However, in a new memoir, Mills reveals that she earned a fortune on Disney movies — and then lost it virtually overnight.

Hayley Mills became a well-known actress at a young age, starring in several popular Disney films in the 1960s. By the time she reached adulthood, she had earned a significant amount of money from her work.

A trust had been set up to manage those earnings until she turned 21. But when she finally gained access to it, she discovered that most of the money was gone due to tax issues and planning decisions that had not been fully addressed in advance.

While this situation involved different laws than those in the United States, it highlights an important point. Trusts can be powerful tools, but they need to be set up and managed carefully.

What Happened

In Mills’ case, her earnings were placed into a trust while she was still a minor. The idea was to protect and manage the money until she was old enough to receive it.

However, when she attempted to access those funds, she learned that a large portion had been lost to taxes. By that point, there were limited options available to change the outcome.

This is a reminder that creating a trust is only one part of the process. How it is structured and how it is handled over time can make a significant difference.

Where Things Can Break Down

Trusts are often used in estate planning to provide control, protection, and structure. But there are a few areas where problems can arise if planning is not handled carefully.

One common issue is not fully understanding how and when assets will be distributed. Timing matters, especially when a trust is set to transfer assets at a certain age or milestone.

Another concern is tax planning. Even though New York and federal tax laws differ from what Mills experienced, taxes can still impact how much is ultimately passed on. Without proper coordination, unexpected tax consequences can reduce the value of an estate.

There is also the issue of ongoing review. A trust is not something that should be created and then ignored. Laws change, financial situations change, and plans may need to be adjusted over time.

How This Applies to Your Estate Plan in New York

Most families are not dealing with the same circumstances as a former child star, but the underlying lesson is still relevant.

Trusts can be useful for many reasons, including:

  • Managing assets for children or younger beneficiaries
  • Providing structure for how and when distributions are made
  • Helping address concerns about long-term care or asset protection

In New York, it is important that trusts are drafted clearly and reviewed periodically to make sure they still reflect your goals and comply with current laws.

Many individuals and families in White Plains, New City, and the surrounding areas have questions about whether a trust makes sense for them and how to avoid unintended outcomes. Taking the time to plan carefully can help reduce the risk of surprises later.

Moving Forward with the Right Plan

Stories like this are not just about what happened. They are a reminder of how important it is to understand the details behind an estate plan.

Whether you are considering a trust or already have one in place, reviewing your plan and making sure everything is aligned with your goals can make a meaningful difference.

If you would like to discuss your estate plan or have questions about how trusts work in New York, you can take the next step here. Book a call today to learn more. 

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