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Wills and Trusts....
Posted on 11/29/16 at 12:53 pm
Posted on 11/29/16 at 12:53 pm
Quick question for the board's opinion.
Is it worth it to set up a trust in a will or is probate no big deal?
Is it worth it to set up a trust in a will or is probate no big deal?
Posted on 11/29/16 at 12:59 pm to notsince98
i think it depends on how much, and the purposes of the trust?
Posted on 11/29/16 at 1:10 pm to notsince98
quote:
Is it worth it to set up a trust in a will or is probate no big deal?
Trusts under will are set up to maintain control from the grave. A simple will just transfers property. A trust under will transfers property but can control how the transferred property is used.
That will still has to go through probate.
Posted on 11/29/16 at 2:08 pm to notsince98
Not enough info in original post. It's more complicated that a simple one or the other. Depends entirely on the details.
Posted on 11/29/16 at 4:48 pm to notsince98
Your question is a loaded question.
The answer will vary depending on your assets (type, value), your family situation, your wishes and also your state.
I would schedule a consult with a lawyer who specializes in estate planning in your area.
The answer will vary depending on your assets (type, value), your family situation, your wishes and also your state.
I would schedule a consult with a lawyer who specializes in estate planning in your area.
Posted on 11/29/16 at 4:52 pm to notsince98
A trust can designate its own beneficiaries and can supercede a will.
Posted on 11/29/16 at 7:13 pm to notsince98
You will read and hear a lot of complete bullshite about the use of trusts and the supposed bogeyman of probate, often from people who are trying to sell something (or from people who are repeating their BS).
Go see a lawyer who specializes in this area, not just a generalist, and tell him or her what it is you would like to accomplish.
Don't say "I want a trust and ..." Instead, start with, "I want my children to be able to ... How can I best do that?"
Tell them your goals, and let them recommend the best way to achieve them. Forget your preconceived notions about what you can/cannot or should do. A trust may be just the ticket, or the expert may know of a more economical or practical way to accomplish the same thing.
Go see a lawyer who specializes in this area, not just a generalist, and tell him or her what it is you would like to accomplish.
Don't say "I want a trust and ..." Instead, start with, "I want my children to be able to ... How can I best do that?"
Tell them your goals, and let them recommend the best way to achieve them. Forget your preconceived notions about what you can/cannot or should do. A trust may be just the ticket, or the expert may know of a more economical or practical way to accomplish the same thing.
Posted on 11/30/16 at 7:13 am to Twenty 49
I agree with Twenty 49 and everyone above.
But OP, what are you trying to accomplish here? Are you worth over $11 million while being married or $5.5 million single? Do you not trust your heirs with your money or assets?
Trusts are generally the most expensive cost wise option and they are hit with the highest tax rates for investments, so unless you have reasons to do them they will cost you and your heirs more.
But OP, what are you trying to accomplish here? Are you worth over $11 million while being married or $5.5 million single? Do you not trust your heirs with your money or assets?
Trusts are generally the most expensive cost wise option and they are hit with the highest tax rates for investments, so unless you have reasons to do them they will cost you and your heirs more.
Posted on 11/30/16 at 7:55 am to notsince98
In certain instances, trusts require some maintenance. Adding new assets etc. Personally, I would seek competent legal counsel before I sought financial planning, specifically about trusts. After that, and armed with legal advice this also serves another purpose as you can find out if your financial adviser is competent. What I'm saying is that sometimes financial advisers recommend trusts, and sometimes attorneys give guidance that trusts aren't as easy as they seem if they are to be maintained correctly.
If you go this route, you'd also need to seek counsel from a property / casualty insurance adviser. Probably need to change the named insured, or at least somehow add the trust. Trust could be thrown into a tort, trust certainly could be considered in the possession, actual and custodial.
My main point is that I'm using the words competent and adviser, which to me at least are different than salesperson. Ideally you already deal with an attorney, insurance adviser and financial planner who are familiar with working with one another. If any of these parties has no experience in dealing with the other two, I would rethink who I take advice from.
If you go this route, you'd also need to seek counsel from a property / casualty insurance adviser. Probably need to change the named insured, or at least somehow add the trust. Trust could be thrown into a tort, trust certainly could be considered in the possession, actual and custodial.
My main point is that I'm using the words competent and adviser, which to me at least are different than salesperson. Ideally you already deal with an attorney, insurance adviser and financial planner who are familiar with working with one another. If any of these parties has no experience in dealing with the other two, I would rethink who I take advice from.
Posted on 11/30/16 at 2:03 pm to Iowa Golfer
Funny I just got a call from the state revenue dept regarding something my atty did when I revised some estate planning stuff. Turns out I owe the state about $1k that I never saw coming.
Posted on 12/1/16 at 11:24 am to notsince98
I guess to update this with some info:
1) Just want a simple will that needs little to no updating again unless I move.
2) Worth being passed on wont be more than $3million or so (married)
3) No real control from the grave wanted unless I die before my kids are 30 or so.
4) Cost isn't an option as my work provides me an attorney plan that covers this. I am already working with them and leaning toward a trust just because something could happen and my kids are very little (3 below age of 5).
1) Just want a simple will that needs little to no updating again unless I move.
2) Worth being passed on wont be more than $3million or so (married)
3) No real control from the grave wanted unless I die before my kids are 30 or so.
4) Cost isn't an option as my work provides me an attorney plan that covers this. I am already working with them and leaning toward a trust just because something could happen and my kids are very little (3 below age of 5).
Posted on 12/1/16 at 12:26 pm to notsince98
quote:
I am already working with them and leaning toward a trust just because something could happen and my kids are very little (3 below age of 5).
Are you married? Do you trust the kids mom? Is the kids mom your wife?
What would happen to your kids if you and your kids mom (or just you if there is no mother) died? Do you have a plan for who would raise them? The assets would be left to your kids under normal circumstances, and while they are minors, the guardian would control that money.
If you didn't trust the guardian with the money, you could put in a test trust naming someone else as the trustee, but a provision that the trust expires when the kids turn a certain age.
There are no real estate planning benefits given these facts... so it's just a matter of control.
Posted on 12/1/16 at 12:44 pm to LSUFanHouston
The will is to cover the kids if something happens to both of us.
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