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Estate Planning 101

Trusts and Living Trusts

Living Trusts

A living trust or revocable trust is a legal agreement in which an individual or a couple, known as the grantor(s), transfer ownership of their assets into a trust. The grantor(s) typically also serve as the trustee(s) during their lifetime, maintaining control over the assets and having the ability to modify or revoke the trust at any time. Upon the grantor's death, the assets are distributed to the named beneficiaries without going through probate court.

Advantages of a Living Trust

One advantage of a living trust is that it allows the grantor(s) to avoid probate, which can be a time-consuming and expensive process. In addition, a living trust can provide for the management of assets in the event of incapacity or disability by naming a successor trustee to take over the management of the trust assets. A living trust can also provide for the care of minor children or for pets after the grantor's death, by naming a trustee to manage the assets for the benefit of the children or pets.

Disadvantages of a Living Trust

However, a living trust may not be necessary for everyone. For example, if an individual has a small estate or if all of their assets are jointly owned with a spouse, a living trust may not provide any additional benefits over a will. Additionally, there may be tax implications associated with creating a living trust, so it's important to consult with an estate planning attorney or tax professional before making any decisions.

Conclusion

Overall, a living trust can be a valuable estate planning tool for individuals who want to avoid probate, provide for the management of assets in the event of incapacity, or who have specific goals for the distribution of their assets after death.

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