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Creating a living trust involves several factors, including costs, the process of creation, timing, and benefits compared to other estate planning options like wills.
Aspect | Revocable Living Trust | Irrevocable Living Trust |
---|---|---|
Modification | Can be modified or revoked by the grantor at any time. | Cannot be modified or revoked once established. |
Control | The grantor retains full control over the assets in the trust. | The grantor gives up control of the assets to the trustee. |
Tax Benefits | No immediate tax benefits; assets are still part of the taxable estate. | Offers potential tax benefits, such as reducing estate taxes. |
Protection from Creditors | Does not protect assets from creditors or lawsuits. | Provides protection from creditors and lawsuits, as assets are no longer owned by the grantor. |
Probate Avoidance | Avoids probate, allowing assets to pass directly to beneficiaries. | Also avoids probate, with assets passing directly to beneficiaries. |
Incapacity Planning | Provides for asset management if the grantor becomes incapacitated. | Similar provisions for asset management in case of incapacity. |
Estate Inclusion | Assets remain part of the grantor’s estate. | Assets are removed from the grantor’s estate, potentially reducing estate taxes. |
Step | Description |
---|---|
Step 1: Decide between Revocable or Irrevocable Trust | Most people opt for a revocable living trust because it allows for changes. |
Step 2: Choose a Trustee | This can be yourself, a co-trustee, or a professional trustee. |
Step 3: Create the Trust Document | You can either use online legal services, software, or hire an attorney. |
Step 4: Transfer Assets to the Trust | You must retitle your assets (e.g., real estate, bank accounts) into the trust’s name. |
Step 5: Update Beneficiaries | Ensure that all your accounts, insurance policies, and investments list the trust as a beneficiary. |
Step 6: Finalize and Store the Trust | Sign the trust document in front of a notary and keep it in a safe place. |
A living trust is a robust estate planning tool, particularly for those with complex estates or privacy concerns. While it is more expensive than a will, the benefits of avoiding probate, maintaining privacy, and ensuring smooth asset management in case of incapacity make it a valuable option for many.
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