SmartMoney, a site about financial questions, recently addressed a person’s question about creating a trust and whether an attorney was needed. We liked the answer and are passing on the information as well.

ZZ06A8AEF0.jpgThe individual asked whether a revocable living trust could be created without an attorney. The answer is “yes.” A revocable living trust isn’t typically subject to “probate,” which means there won’t be the length of time that it will take otherwise to validate a will and resolve claims against the estate before assets can be distributed.

Living trusts include a so-called successor trustee, and instructions on how to distribute assets when you die. Revocable means that those establishing the trust can dissolve or alter it.

Creating a living trust is easy to do independently, such as with Living Trust and Will. The key is to have detailed instructions and the support if you have questions when utilizing the estate planning documents. By doing it yourself, you will save significant money in the process.

If you are fortunate enough to have more than $5 million in assets—enough to incur estate taxes—you may want to consult with an attorney. Other exceptions may be if you want to establish a highly complex trust or one that requires a number of specific conditions to be met. But for the majority of Americans, the documents for establishing a living trust and will are straightforward and simple. The decisions are the ones you will need to ponder. But once these documents are in place, you will have great peace of mind in knowing that you have established the path of your choice for the future of your assets.

Give us a call today or submit your information on our website electronically to see how you can get started with establishing a revocable trust and saving money in the process.

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Most people understand what a will is, and how it is a legal document that allows you to distribute your property to those you choose after you die. A will allows you to designate beneficiaries to receive specific things so that your wishes are followed and hopefully any bickering or dissension is eliminated. A will also gives parents of minor children the ability to choose a guardian. While a court will make the final decision after a thorough review of circumstances, a person’s wishes are typically followed.

ZZ03F1D509.jpgBut while a will is utilized following a death, a living trust is a document that can be put into play while you are alive and benefit you and loved ones now. And sometimes this is where people get confused. There is a so-called “life and death” difference between the two. It is a trust that is established during your life and is revocable, meaning changes are allowed. It is not intended as a document that can never be reviewed or changed.

A living trust is a tool for managing your property while alive and after your die. It also provides the roadmap as to how those assets, including any income earned by the trust, are distributed following your death. A living will is not subject to probate, meaning all provisions of the trust will also remain private.

While most families know that these legal documents are very important to have, many of us still struggle with understanding of them and exactly which documents are needed and why. That is where Living Trust and Will comes in. We can be your estate planning specialists and without the cost of an expensive attorney.

Check out our website to see the services we offer and address any of your questions. Then, schedule a free consultation to get started.

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Estate Planning is Topic That Needs to Be Discussed by More Women

September 14, 2011

A recent article in Forbes talked about topics that women still don’t discuss much, and unfortunately estate planning is one of them. The article was entitled, “Nice Girls Talk About Estate Planning.” The author discussed that while it is now considered okay and even commendable for women to be smart in today’s world, there is [...]

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Making Sure You Use a Trustworthy Company for Living Trust

August 24, 2011

The term “estate planning” may sound like it is for wealthier individuals, but in truth most everyone has an estate of some type. Most of us want to have some ability to control what happens to our assets in the event of our death and hopefully to minimize or avoid altogether any potential disagreements or [...]

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Living Wills a Smart Choice for Seniors

August 10, 2011

More than one in four seniors will eventually need someone to make end-of-life decisions about their medical care, a recent study has suggested. The study helps to explain the value of individuals making their wishes known in a living will and appointing someone to make medical and financial decisions for them in the event they [...]

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Update and Review Your Living Trust and Will

July 28, 2011

A big mistake many well-meaning individuals make when it comes to estate planning is that they go through the process once so that they protect their loved ones, but then forget to regularly review the details and tweak the plan as needed. That can cause confusion and disruption years later, when things are no longer [...]

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When It’s a Matter of Trust

July 13, 2011

Understanding the differences between a will and living trust is downright confusing, but an article by Brent Slater, business and estate planning attorney for 38 years, helps to clarify the differences. In a special July column, he explains that when thoughts turn to determining who gets what after one dies, that is a will. But [...]

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Reform for Living Wills Sought

June 22, 2011

Experts are calling for reform concerning living wills or advance care directives, which allow people to pre-plan their end of life care. A recent story published with ABC’s radio national show Background Briefing discussed end of life wishes and why they are not respected at times and what could be done. A reason cited is [...]

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What the FTC Says About Probates, Living Trusts, and Wills

June 8, 2011

The Federal Trade Commission, the government agency that works to prevent fraud, deception and unfair business practices in the marketplace, advises consumers to do their homework and learn about specific terminology before beginning conversations. Here’s what they have to say about Living Trusts: What is a Probate? Probate is a legal process that usually involves [...]

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Understanding Durable Power of Attorney

May 26, 2011

Terminology used by lawyers and legalese can be confusing and even unsettling for individuals as they seek to understand what it means to have a living trust and will. To help you to better understand what the various terms mean and how they relate to estate planning, we will be using our blogs to provide [...]

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