10 Questions to Ask a Living Trust Attorney

Learn what questions to ask your attorney regarding living trusts so that you may get the most out of this powerful structure.

A living trust is a legal agreement that permits you to transfer assets to a trust throughout your lifetime. You continue to utilise the assets, but they are now held by the trust. You appoint a trustee who is in charge of administering and safeguarding the trust’s assets. The assets in the trust are dispersed to the persons you choose as your beneficiaries after your death.

Living trusts are sometimes promoted as the ultimate estate planning instrument that everyone needs. The fact is that a living trust may not address all of your difficulties, but it may be one weapon in your estate planning arsenal. Ask your attorney the following questions to determine what is best for you.

What Kinds of Assets Can Be Placed in a Living Trust?

The majority of your property may be put in a living trust, but some assets, such as life insurance and certain retirement accounts, are not eligible. The more property you put into the trust, the more advantageous it will be.

Who Should Serve as My Trustee?

Most individuals choose themselves as trustees in order to administer the trust assets throughout their lifetime. If you wish, you may appoint anybody or even a company as your trustee. If you appoint yourself as trustee, you must also select a replacement trustee to run the trust after your death.

Is it possible to avoid estate and probate taxes with a living trust?

A revocable trust (one that may be changed throughout your lifetime) does not protect you from state or federal estate taxes. An AB trust is a kind of living trust that transfers assets straight from one spouse to another while avoiding estate tax. Because living trusts do not go through probate, your estate will not have to pay any probate fees or charges.

What Are the Advantages of Creating a Living Trust?

Living trusts have several advantages, which is why they have grown in popularity. Your estate may escape probate by using a living trust. By doing so, you avoid not only the fees of having a will probated, but also the delays connected with probate. A final will and testament might take months to be probated, but when you form a living trust, the assets in the trust can be transferred shortly after your death.

You may also opt to postpone distribution till a later date. Some individuals, for example, make distributions on their beneficiaries’ significant birthdays. Another advantage of a living trust is that, since it is not irreversible, you may change it at any moment. You may even opt to dissolve the trust if you want to. A living trust is also confidential. It is never made public since it is never probated.

What Are the Consequences of a Living Trust?

Because certain assets are unable to be held by a trust, living trusts cannot incorporate all of your assets. Another issue with a living trust is that it can only manage assets that you directly transfer into it, so if you neglect to change ownership of anything, such as a bank account, it will not be protected by the trust.

If you depend only on a trust for your estate planning, any assets that are not included in your trust will transfer via intestacy laws in your state. The expense of the living trust might sometimes be seen as a disadvantage. You must pay in advance to have the paperwork written and to ensure that the trust is handled. These fees may be higher than those associated with drafting a will and probating a minor estate.

Is a Power of Attorney still required?

All of your assets are already put under the ownership and control of a trust under the terms of a living trust, so that if you become incompetent, they are already being managed for you. Most lawyers suggest that you also draught a power of attorney, which authorises someone else to make legal and financial choices on your behalf, so that there is no doubt who will handle decisions if you are unable to do so.

What Is the Distinction Between a Living Trust and a Will?

A living trust manages and owns just the assets that you explicitly invest into it. A trust is intended to operate both during and after your death. A will directs the distribution of all of your assets in the event of your death. It merely specifies what should happen to your assets once you die.

How Do I Establish a Living Trust?

To set up a living trust, you must first get the appropriate living trust papers for your state. Complete the paperwork and sign them in front of a notary, naming a trustee and establishing the terms of your trust. The trust is not operational unless assets are transferred into it.

Should I Have a Will as Well?

Most lawyers believe that if you set up a living trust, you should also set up a will. This will, also known as a pour over will, serves as your insurance policy. If any assets are left out of your trust, the will orders that they be added to the trust. All of your valuables will be safeguarded in this manner.

Living trusts provide a great deal of flexibility and privacy, and they may be an essential aspect of your inheritance strategy. Considering all of your alternatives might assist you in making the greatest decision.