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re: Revocable Living Trust
Posted on 1/24/24 at 9:00 pm to Neauxla_Tiger
Posted on 1/24/24 at 9:00 pm to Neauxla_Tiger
There are a few issues with Probate:
(1) your heirs won't get control of the assets for months. If they are short on cash and need to sell the home quickly - that can be an issue in some families. You will have to wait for the creditor notice period to lapse before the Judge will release any available funds to the heirs.
(2) Depending on your jurisdiction, probate may not cost a lot more than a Trust BUT you could have several court hearings to attend, especially if there is real estate and several assets. Some personal representatives may not want that hassle.
(3) In my experience, Trusts are less common to have disputes amongst siblings later on - your mileage may vary but that I generally see more disputes with Wills, for several reasons.
Also, back to the OP, that is common. Depending on age and other factors, there is always a chance you would remarry and leave assets to your new step kids. That's a topic I often bring up during consultations.
edited to add: I also agree with the posters above that mentioned Trusts are OFTEN not funded or not fully funded which confuses me.
(1) your heirs won't get control of the assets for months. If they are short on cash and need to sell the home quickly - that can be an issue in some families. You will have to wait for the creditor notice period to lapse before the Judge will release any available funds to the heirs.
(2) Depending on your jurisdiction, probate may not cost a lot more than a Trust BUT you could have several court hearings to attend, especially if there is real estate and several assets. Some personal representatives may not want that hassle.
(3) In my experience, Trusts are less common to have disputes amongst siblings later on - your mileage may vary but that I generally see more disputes with Wills, for several reasons.
Also, back to the OP, that is common. Depending on age and other factors, there is always a chance you would remarry and leave assets to your new step kids. That's a topic I often bring up during consultations.
edited to add: I also agree with the posters above that mentioned Trusts are OFTEN not funded or not fully funded which confuses me.
This post was edited on 1/24/24 at 9:02 pm
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