The Living Trust Advantage
|
|
Successfully used since the beginnings of this nation, trusts have been used to protect, preserve, and manage estates generationally. Living Trusts offers some specific advantages over more traditional estate planning techniques. Among these unqiue advantages are privacy and control, both of paramount importance to most American families. |
|
The most common estate planning tool, the Last Will and Testament, can also be the most problematic (outside of no will at all). Without a will (known as "dying intestate"), the state in which you reside has a will written for you, and you may not like what it has to say about the distribution of your assets. Dying intestate results in the state dictating the terms, conditions, and recipients of your estate, leaving your loved ones with little (or no) options for settling your affiairs. |
|
|
|
Even with a will, your heirs get to enjoy probate. Probate is the legal process, following your death, whereby your debts are paid and your assets are distributed. Your will must be probated in order to be enforceable, thus, a will is a one-way ticket to probate. Not only do your family members have to endure probate and related court costs, if the value of your estate exceeds governmental limits, your estate could also have to pay a "death (transfer) tax" (with rates currently ranging from 37% to 55%). However, with proper estate planning, you can plan now to minimize, and in many cases eliminate, any federal tax liabilty due at your death, leaving your estate intact. |
|
While a will may be inexpensive to create, it may be very costly to use. Probate exposes your family, and your estate, to the public eye, as probate files are public records and can be viewed by anyone. On the other hand, a Living Trust keeps your family's affairs private. No probate, no public scrutiny, and no prying eyes. |
|
|
|
Plus, a Living Trust allows you and your heirs to retain control of family assets outside of the court system. You maintain control of your assets while you are alive. You appoint someone to administer the affairs of the trust in the event you are disabled or deceased, and they follow your instructions without court intervention. |
|
Lastly, a will only works when you are dead. A will expresses your wishes and is only enforceable at your death, and can be easily challenged in court. On the other hand, a Living Trust offers living benefits and has been the vehicle of choice for many Americans seeking to manage their financial affairs now...and to provide for the easy distribution of their assets to their heirs at death. |
|
|
|
|
|
|
|
|
If you prefer a paper format, click HERE to download a printable version of the FET Factfinder
|
NOTE: We utlilize a Password-Protected Secure Server with 128-bit encription to assure your personal information remains protected. This information is solely for the use of our Network and is not rented nor sold to any third-party sources. |