Trusts

There are numerous types of Trusts out there, each designed to address different issues.  With few exceptions, the type of Trust that I deal with is the Living Revocable Trust or what I call the "simple probate avoidance Trust".  In my opinion, it adequately addresses the needs of 80-90% of us.  When drafted well, these types of Trusts do an excellent job of providing a plan for the management of one's personal and business affairs while he/she is incapacitated, addressing all forms of business to be tended to at death and immediately thereafter (i.e., keeping taxes, insurance, utlities and maintenance current for a home, car, etc.), and then distributing assets outright to designated beneficiaries, holding assets until various beneficiaries reach a certain age, or ages, upon which they are to receive their inheritance, and much more.  In short, this type of Trust insures that when you are unable to tend to your business (due to incapacity or death), someone hand-picked by you is doing it, and they are following rules, guidelines, wants and wishes already set in place by you, as opposed to a probate judge determining who will be in charge of your person and/or your estate and what rules that person will be following.  What's more, these types of Trusts operate in a very efficient manner from both a time, cost and 'headache' perspective..., and they are generally private, at least to the extent you choose to keep them private.  


Stated differently, a Trust is a mechanism that, like a Will, can also be used to make it known exactly who is to get what of your assets at your death. Unlike a Will, however, a Trust does not have to be probated.  It enables you to put conditions on how certain assets are to be distributed at your death, and it provides a very specific plan as to how your assets are to be used to care for you, your spouse, and/or your children (including minor children) should you become disabled and unable to tend to your own business. In this sense, a Trust not only plays a critical role at your death, but it can also play a vital role in ensuring your and your family’s well-being while you’re alive, but incapacitated. As a parent, Trusts are critical insofar as management of money for children not yet old enough to inheirt outright.  And perhaps best of all, a Trust can allow for your estate to skip probate entirely!


Not everyone needs a Living Revocable Trust.  But, for reasons stated above, the Living Revocable Trust is, perhaps, the most popular estate planning tool of all..., and the vast majority of us can benefit from one


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