Tuesday, 3 May 2011

Living Trusts And What They Do

By Leandro T. Welander


There is no such thing as being able to live forever, and no one can ever take the possessions they have amassed throughout their lifetime along with them once they have passed on. Still, although a will is designed to safeguard the care and distribution of this property once the individual passes away, friends and loved ones who become the beneficiaries can become subject to unwanted legal processes and expenses that they shouldn't have to deal with. In contrast, living trusts are much less invasive to your beneficiaries' privacy when the time comes to pass on your wealth.

They can reduce taxes on the estate, help your beneficiaries avoid probate costs, and although they might cost more to set up initially, they can keep your estate and privacy from being scrutinized by the courts. A living trust, a regular trust, and a last will and testament have several key differences, particularly with how the assets and property are management. Some may ask: what is a living trust? A living trust is different from a regular trust in that the trust is created while you are still alive, allowing you to personally oversee the management the transfer of ownership of assets under the trust, as well as the trustees and beneficiaries themselves.

Estates that are valued at $100,000 or more are usually subject to probate which is both expensive and lengthy. Your assets also come under public scrutiny because of the courts. However a trust helps beneficiaries avoid the probate process and minimize estate taxes since it and any assets declared underneath it are considered part of a separate legal entity.

A living trust can be especially beneficial for those with complicated family situations as it ensures that all beneficiaries receive their inheritance accordingly. A perfect example is if you would like to set up an inheritance for children from a previous marriage.

Before you actually set one up, you should determine if a living trust is the best way for handling the distribution of inheritance once you are gone. The best way to find out if a living trust and will is the ideal way to manage your estate is to speak with an estate attorney or estate planner. Also remember to fund your trust sufficiently.

Assets and property typically consist of, but are not limited to, bank accounts, stocks, bonds, real estate, life insurance and even personal property. All it requires is that any assets just be retitled to bear the name of your trust. For assistance during the process of transferring ownership, a lawyer, financial adviser, or an estate planning specialist will be able to walk you through and provide the necessary assistance.




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