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Can I Avoid Probate & Estate Taxes?
For a trust to be effective it has to own title to the property or asset. Remember, when you transfer title of your assets into the trust it is called "Funding your Trust." Funding is the process of transferring the name on accounts or property to the name of the trust. For example, accounts in the name of Bill and Mary Stevens, would now be held as "Bill and Mary Stevens, Trustees of the Stevens Family Trust dated date signed and year"
When the assets are in the name of the trust there is no need for probate
since the estate is now controlled by the trustee of the trust. You or you and your spouse can be the primary trustees receiving full control to buy, sell, borrow or transfer in the case of a spouse's death. After both spouses pass, the trust identifies the person who will act as successor trustee. The trust gives that person the right to manage all assets on behalf of your wishes made known in the trust document. Remember, you and your spouse will decide who will manage all affairs.
After you pass away, your successor trustee or co-trustee will have the same responsibilities an executor would have if you would have prepared a will. However, since your trustee does not have to report to a probate court everything can be done more efficiently and privately.
Other Advantages of a living trust
If an illness or accident leaves you incapacitated, your successor trustee can handle your financial affairs without the need for a court appointed guardian or conservator.
If the beneficiaries of your trust are minor children or others who might not use an inheritance as you intend, the trust can continue to hold the assets until they reach a more mature age.
If you own real property in more than one state you avoid the expense, time and hassle of multiple probate proceedings.
By using a trust, a husband and wife can maximize both their federal estate tax exemptions.
Trusts are generally more difficult to contest than a traditional will. To invalidate a will you must either prove it was signed under duress or that the maker was incompetent on the day it was signed. To invalidate a living trust you would have to prove it was invalid not only on the day it was signed but each and every day it was in existence thereafter. It is almost impossible to contest a Living Trust.
When a will is contested the assets are frozen and they cannot be distributed until the claim is resolved. Assets placed in a living trust are not frozen pending the outcome of a legal challenge. Anyone wishing to contest
Learn everything you need to know to set up your own trust and protect your assets by Downloading the Complete Package for Creating your Living Trust
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Do I need a lawyer?
Preparing a living trust is something that just about anyone can do if they have the right information. One of the greatest myths that lawyers have continued to keep alive is that you must have a lawyer for anything dealing with the law. This is not the case. Lawyers continue to tell these lies in fear of loosing millions in easy money. All that a lawyer does when hired to draft up a will or trust is use the safe standard forms that we provide you in our complete living trust package
. The only difference is that instead of paying only $19.95 you are going to end up with a bill that will start in the hundreds or even thousands. Lawyers are important in matters concerning complicated legal preceding, but trust, wills, and estate plans are no harder than filling out a simple tax return.
Don't pay hundreds or even thousands of dollars in legal fees. Learn everything you need to know to set up your own trust and protect your assets without spending a fortune by Downloading the Complete Package to Creating your Living Trust
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