Living trusts have become a popular choice in a world where people are increasingly aware of the importance of planning for their financial future. Living trusts are legal structures that allow you to retain control over your assets during your lifetime while providing a streamlined process for distribution at death.
Living trusts can be either revocable or irrevocable and come in various forms. Regardless of the specific type of living trust that you choose, there are some important things that you should know about them in order to get the most out of this estate planning tool.
Here are a few key things to keep in mind when thinking about creating a living trust.

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1. What is the difference between a will and a living trust?

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A will is a legal document that outlines an individual's wishes regarding the distribution of their property and assets after death. A living trust is also a legal document, but it is created during an individual's lifetime. Assets held in a living trust are not subject to probate, a legal process that can be time-consuming and expensive.

Another critical difference between a will and a living trust is that a living trust can be used to manage an individual's assets during their lifetime. For example, if an individual becomes incapacitated, the trustee of their living trust can step in and manage the trust assets on their behalf. This is not possible with a will.

Overall, both wills and living trusts can be helpful estate planning tools. The best option for an individual will depend on their specific situation and needs.

2. What are revocable living trusts, and how do they work?

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A revocable living trust is a legal arrangement in which a person (the grantor) transfers ownership of their property to another person (the trustee) for the benefit of a third person (the beneficiary). The grantor retains the right to revoke or change the trust at any time, and they also retain control over the property during their lifetime.

Upon the grantor's death, the trustee assumes ownership of the property and manages it according to the terms of the trust. The beneficiary has the right to receive income from the trust but has no direct control over its assets.

Revocable living trusts can be used for a variety of purposes, including avoiding probate, managing property during incapacity, and reducing estate taxes. They can be complex legal arrangements, so it's important to seek professional assistance if you consider setting one up.

3. Is it necessary for me to invest a large sum of money into a living trust at the start?

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You may have heard that you need to invest a large sum of money into a living trust in order to ensure that your assets are properly protected. However, this is only sometimes true. While it is essential to have a living trust, the amount of money you need to invest will vary depending on your circumstances. If you have a small estate, you may not need to invest as much money into the trust.

Conversely, you may need to invest more money if you have a large estate. The best way to determine how much money you need to invest is to speak with an experienced attorney or financial advisor. They will be able to assess your specific situation and give you tailored advice.

4. Do you need to update the trust?

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If you've recently experienced a life event that has resulted in changes to your financial situation, you may need to update the terms of your trust. A trust is a legal arrangement in which one person holds property or assets on behalf of another. When you create a trust, you typically name a trustee to manage the property or assets according to your wishes. However, if your circumstances change, you may need to update the terms of the trust to reflect your new goals or objectives.

Some everyday life events that might require an update to your trust include getting married, having children, buying a new home, or experiencing a significant change in income. If any of these things have happened since you created your trust, it's essential to sit down with your trustee and review the terms of the trust to see if they need to be updated. Otherwise, you risk your trustee not being able to manage your property or assets according to your wishes properly.

5. Common challenges or mistakes that people make when creating and administering a living trust

One of the most common challenges people face when creating a living trust is failing to fund the trust adequately. For a living trust to be effective, it must be funded with the assets you want to have controlled by the trust. This can be done by transferring ownership of property or assets into the trust or changing the beneficiary designation on insurance policies and retirement accounts. With proper funding, a living trust will be able to achieve its objectives.

Another common mistake that people make is failing to keep the trustee informed about changes in their asset base. When property or assets are sold, transferred, or otherwise disposed of, it is important to update the trustee so that they can properly administer the trust. If the trustee is not kept up-to-date, it could lead to legal problems down the road.

6. Do I Still Need a Power of Attorney?

When setting up a trust, many people have the same question: should an attorney be involved? While it is possible to set up a trust without legal assistance, there are several good reasons to seek out the help of an attorney. First and foremost, an attorney can ensure that the trust is adequately funded and that all legal requirements are met.  

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Additionally, an attorney can provide valuable guidance on how to manage the trust and make sure that it meets your long-term goals. Finally, an attorney can provide peace of mind by handling the paperwork and providing ongoing support. For these reasons, it is generally advisable to consult with an attorney when setting up a trust.

If you want to create a living trust to manage your assets and protect your wealth, it is important to do your research and consult an experienced attorney or financial advisor. This will ensure that the trust is adequately funded and fulfills your long-term goals. Additionally, working with an attorney can provide you with peace of mind, knowing that your trust is in good hands.

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Disclaimer: This material is provided for informational purposes only. The provision of this material does not create an attorney-client relationship between the firm and the reader and does not constitute legal advice. Legal advice must be tailored to the specific circumstances of each case, and the contents of this newsletter are not a substitute for legal counsel. Do not take action in reliance on the contents of this material without seeking the advice of counsel.

The information contained in this blog may or may not reflect the most current legal developments. Accordingly, information in this blog is not promised or guaranteed to be correct or complete, and should not be relied upon as such. Readers should conduct their own appropriate legal research.

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