“The main reason that people choose to have a living trust instead of a will, is that it avoids the probate system. Probate is the legal proceedings to decide whether a will is legal and binding. It also is the court session to decide where the property will go, if there is no will provided.”
Just 40% of adults in the United States have any kind of estate planning documents in place. That leaves 60% of adults who don’t have their property and other assets protected in the event of death.
Without planning, their family and loved ones will have trouble trying to determine what to do next.
Frequently, when thinking of estate planning, we think of a will. However, there are other options. Creating a living trust may be a better option for you and your family, advises kake.com’s recent article entitled “What Are the Advantages of Creating a Living Trust for My Family?”
The article provides some of the major benefits of a living trust.
It can save your family money. When a person with a living trust passes, the trustee takes possession and control over the trust property, according to the instructions provided by the trustor. It can be less expensive, because there are no fees that may be incurred in probate. Everything also moves faster.
Protection of your privacy. A living trust is much more private, because it doesn’t have to go through the probate court and won’t become public record. In contrast, a will becomes public record, that anyone can request to view as a court record.
A trust is for more than death. A living trust can be invoked at other times before death. The creator can add specific stipulations and conditions to the living trust to designate when the trustee can take over the management of property and finances.
More difficult to challenge. A will can be contested in court, if a family member thinks that she is entitled to more of your assets than was outlined in the will. A judge can rule that your will isn’t valid, and the contesting family member can possibly get more than you intended. With a living trust, there is much less chance that this will happen.
Creating a living trust takes legal expertise, so work with an experienced estate planning attorney. You can then discuss an entire estate planning strategy. You can read more about how our process works, how we can make sure we are a good fit for your needs, and how to get started today right here.
Reference: kake.com (April 20, 2020) “What Are the Advantages of Creating a Living Trust for My Family?”