Having a trust can be a great way to protect your assets and ensure that your wishes are carried out after you die. But there are both advantages and disadvantages to having a trust, and it's important to understand them before making a decision. One of the main advantages of having a trust is that it can help you avoid probate court. Probate court is a lengthy and expensive process, and having a trust can help you avoid it.
Your personal and financial affairs will remain private, and you will maintain control of your finances after you die. This can also reduce the possibility of a judicial challenge. Another advantage of having a trust is that it can provide flexibility in estate planning. With a living trust, estate planning is done only once and involves only four documents.
This means you'll spend less time worrying about estate planning logistics, as almost everything will be sorted out by the day you die. The only people who would be aware of your wealth information are those you designate as beneficiaries. However, there are some disadvantages to having a trust as well. Switching assets to a revocable trust won't save income or estate taxes, and assets held in an irrevocable trust are generally out of reach for creditors.
Additionally, creating an estate plan without a living trust can involve dozens of different documents and take months or even years to complete. Another disadvantage is that your estate won't get help from the living trust if you don't get help during your lifetime or if you don't give you resources or money before you die. To reduce wealth tax exposure, consider using life insurance and estate planning strategies, such as a diversion trust or a dynasty trust, in addition to using a living trust. If there are estate taxes left unpaid after you die, your heirs may have to sell some of your assets to pay the remaining amount owed.
To avoid probate completely, make sure that all real estate deeds and titles that are titled in the name of your living trust are done with your estate planning attorney. You should also ensure that all bank accounts or other assets, such as vehicles and stocks, are titled in the trust's name during their lifetime, rather than in individual names. When it comes to estate planning, there are many things to think about in terms of protecting yourself and your family in the event of disability or death. Fortunately, there are steps you can take now to plan for this inevitability, which could save you and your family valuable time, money and stress. The pros and cons of having a trust are outlined above, but the most important thing to remember with estate planning is to talk to an experienced estate planning attorney who can fully assess your situation. Estate planning is complicated and requires proper legal advice before acting on any estate plan. Compare this to the challenge of a living trust, which until recently was an open court proceeding subject only to the state-specific statutes of limitations.
The role of the State Growth Department is to support economic growth and facilitate the creation of jobs and opportunities for Tasmanians. If you want full control over how and where your estate goes after you die, then you should consider using an estate plan with a will rather than a living trust. Flexibility to make changes and ease of succession are two more reasons why the advantages of a family trust far outweigh the disadvantages. It can be a particularly important consideration if you own real estate in more than one state because your loved ones would face two or more probate proceedings in this case if you only leave one will. After taking these things into consideration, a person may be ready to decide what items of property would be beneficial to place in a living trust. At that point, if you haven't made prior arrangements, it may be a wake-up call that forces you to act now, or you risk losing control over the way you want things done after death. The second financial disadvantage of a family trust is the lack of tax benefits, especially when it comes to filing income taxes.
Upon death, assets held in the revocable trust evade succession, meaning that assets can pass to heirs without involving the courts, which can be time-consuming and costly. Generally, a revocable living trust is a type of trust that can be canceled at any time and the grantor of the trust is both the trust and the beneficiary (allowing control of the trust assets). But with a living trust, you have full control over who inherits each part of your estate and when you receive it. If you have questions about whether a trust is right for you, contact Tampa estate planning attorney David Toback today to schedule a consultation. The type of assets you own and what needs to be done to get them financed in the trust should be carefully considered before deciding to use this estate planning tool.
