Tuesday, 3 May 2011

Avoid Probate Fees Through Living Trusts

By Leandro T. Welander


While the original intent of a living trust is to help in the distribution of an estate once the owner passes away, it can actually serve several purposes. As a legal document, living trusts can grant property to beneficiaries over time, as well as reassign control of the property belonging to someone who is disabled to his or her family or friends.

Not only that, since a trust is considered its own separate legal entity, any property and assets controlled by the trust is not subject to probate costs and being dragged through court. Compared to being handled in the courts, the estate of the deceased is afforded much more privacy.

When distributing their estate to their beneficiaries, most people are more familiar with the traditional last will and testament and are more likely to use this. However at a time when beneficiaries can be grieving, this kind of process can represent a lot of hassle on their part. One might ask: what is a living trust? It gives an individual complete control as to which assets and property are used to fund the trust while they are still alive for their redistribution.

By traditional last will and testament, a person's estate is subject to having a relatively large percentage depleted by the courts before the beneficiary even gets their hand on the inheritance. A living trust saves your beneficiaries possibly hundreds or even thousands of dollars in legal fees, eliminating the hassle without the need for probate court. Both revocable and irrevocable living trusts have their benefits. You can also determine exactly what goes into the trust and for whom it should be distributed to, letting you manage your assets through the trust.

Before you start a trust, speak with an estate planner, financial adviser, or lawyer. They will be able to help you decide if a living trust and will is right for your situation. Generally, a living trust is ideal in complicated family situations, or if an estate is worth more than $100,000. Establish a trustee and beneficiaries once the decision has been made to start a trust and begin funding it with your property and assets. This simply means transferring ownership from your name to that of the trust.

A trust can be funded by, but not limited to bank accounts, stocks, bonds, as well as real estate. Make sure that any time changes are made, both the trustee and the beneficiaries should sign the trust to maintain its validity.




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