ContactHome

ISN'T HAVING A WILL GOOD ENOUGH FOR ME?

Propbably not.  A will has the followig drawbacks:

  • It does not avoid a guardinanship if you become incapacitated
  • Your beneficiaries are required to go through probate if your estate is over $20,000
  • If your estate is overe $1,500,000 substantial estate taxes may be owing to the IRS
  • All of your assets and financial affairs will be open to public scrutiny
  • Children from a prior marriage may not be protected
  • Capital gains may not be eliminated at the death of the first spouse

We recommend that anyone with a will seriously consider creating a revocable living trust.  It can protect your loved ones from unnecessary expenses and taxes.

WHAT IS A LIVING TRUST?

A living trust is an entity which you create to hold title to your assets.  You serve as the trustee and maintain control of your assets througout your life.  You can amend or revoke your trust at any time.  If you become incapacitated, trust assets are held for your benefit without having a court-appointed guardian.

Your trust also acts as a will substitute.  It directs how your assets will be distributed upon your death.  You appoint a successor trustee's responsibilities are similar to those of a personal to settle your affairs.  The successor trustee's responsibilities are similar to those of a personal representative of a will, except that the trustee does not have to go through court to administer the estate.  If you have minor children or beneficiaries wiht special needs your trust can continue for their benefit under the terms and conditions you designate.

ADVANTAGES OF A LIVING TRUST

A living trust has the following advantages over a will:

  • Keeps you in control of your assets
  • Can be changed or revoked any time
  • Avoids probate
  • Eliminates or reduces estate taxes up to $705,000
  • Ensures the privacy of your affairs
  • Protects children from prior marriages
  • Avoids guardianships
  • Eliminates capital gain on all assets after the death of one spouse
  • Elininates the need for an additional probate in each state where you own real property
  • Provide faster and easier administration of your estate

HOW LARGE MUST MY ESTATE BE FOR ME TO NEED A TRUST?

Every estate over $20,000 must be probated.  With probate costs of 5% to 8%, an estate of $300,000 will cost about $15,000 to $24,000 to probate.  The beneficiaries can be tied up in court for a year or more before receiving any assets from the estate.  having a trust can avoid probate for a fractino of the cost.

IS A TRUST EXPENSIVE?

No.  Not having a trust is.  Creating a living trust is a one-time expense.  There are no annual administration costs or maintenance fees.

SELECT AN ATTORNEY

The attorney you select ot assist you in creating a living trust will make a substantial difference in time, expense and results obtained.  For over 20 years, our knowledgeable , experienced attorneys have helped our clients an dtheir loved ones save money, time and frustration by arefully drafting and implementing the appropriate estate plan.  We invite you to meet with one of our attorneys who will review your situation, make recommendations and respond to your questions and concerns.  Please call 877-526-4428 to make your appointment now!!!