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Revocable Living Trust (RLT)

Posted on 2/24/26 at 9:12 am
Posted by BigLSUNut
Prairieville, La.
Member since Oct 2007
1484 posts
Posted on 2/24/26 at 9:12 am
I am considering using this in order to avoid probate procedures for my children. What are the pitfalls/advantages?
Posted by BestBanker
Member since Nov 2011
19278 posts
Posted on 2/24/26 at 9:35 am to
Advantages of a Revocable Living Trust
Avoids Probate

Assets in a revocable living trust do not go through probate, which can be a lengthy and costly process. This allows for quicker distribution to beneficiaries.

Maintains Privacy

Unlike wills, which become public records during probate, a revocable living trust keeps your assets and their distribution private.

Control Over Assets

You can manage and amend the trust during your lifetime. This flexibility allows you to change beneficiaries or terms as needed.

Continuity During Incapacity

If you become incapacitated, a successor trustee can manage the trust without needing a court-appointed guardian, ensuring your affairs are handled smoothly.

Pitfalls of a Revocable Living Trust
No Asset Protection

Revocable living trusts do not protect assets from creditors or lawsuits. Since you retain control, assets are still considered part of your estate.

Upfront Costs and Effort

Setting up a revocable living trust can be more expensive than creating a will due to legal fees. Additionally, you must retitle assets into the trust, which requires time and effort.

Limited Tax Benefits

These trusts do not provide tax advantages. Assets in a revocable trust are still part of your taxable estate and do not reduce income tax liabilities.

Potential for Incomplete Funding

If not all assets are transferred into the trust, those left out may still require probate, undermining the trust's purpose. A "pour-over will" can help catch these assets but adds complexity.

Understanding these advantages and pitfalls can help you determine if a revocable living trust is suitable for your estate planning needs.

Hope this helps you. It's pretty simple process.
Posted by jfw3535
South of Bunkie
Member since Mar 2008
5499 posts
Posted on 2/24/26 at 10:58 am to
You should probably speak with an estate planning attorney. Are you in Louisiana? If so, it has always been my understanding that trusts in Louisiana don't provide some of the benefits (like skipping probate) that they have in common law jurisdictions. I am no expert, so take that with a grain of salt.
Posted by dstone12
Texan
Member since Jan 2007
39405 posts
Posted on 2/24/26 at 11:01 am to
Get an attorney for 2000.


Also have atty include a pour over will.




Other helpful info.
This post was edited on 2/24/26 at 11:03 am
Posted by DarthRebel
Tier Five is Alive
Member since Feb 2013
25394 posts
Posted on 2/24/26 at 11:10 am to
quote:

You should probably speak with an estate planning attorney. Are you in Louisiana? If so, it has always been my understanding that trusts in Louisiana don't provide some of the benefits (like skipping probate) that they have in common law jurisdictions. I am no expert, so take that with a grain of salt.


Important part. It varies by state if you need or do not need one, however you can always get one.

In Texas you are really do not need one, unless you just want privacy and/or have a complex wealth portfolio. Texas probate is fast and cheap to do. In Mississippi you want a trust over a will as it is a slow process run through Chancery Court

Since you are in LA it appears
quote:

Louisiana’s estate laws differ from every other state because the legal system is based on the Napoleonic Code, not common law. This impacts probate (called succession) and the usefulness of trusts. Whether a trust makes sense depends on your goals, family situation, and estate complexity.


Talk to that estate planning attorney
Posted by Gorilla Ball
Az
Member since Feb 2006
13026 posts
Posted on 2/24/26 at 4:17 pm to
Thanks for this information
Posted by LSUFanHouston
NOLA
Member since Jul 2009
40589 posts
Posted on 2/24/26 at 5:49 pm to
The big benefit is avoiding probate.

Depending on state, that may or may not be a big desk.

Big cost is the cost to set up sbd aggravation of retitling assets
Posted by Dandaman
Louisiana
Member since May 2017
807 posts
Posted on 2/24/26 at 8:11 pm to
Pay for trust or pay for probate. Pick your poison.
Posted by Free888
Member since Oct 2019
3055 posts
Posted on 2/25/26 at 7:00 am to
Doesn’t a RLT also allow you to control the assets in the event something happens to the person the trust is for? For example, if something happens to a married child’s trust, it ensures the trust falls to their children, instead of the spouse and possibly their new spouse?
Posted by slackster
Houston
Member since Mar 2009
91497 posts
Posted on 2/25/26 at 7:13 am to
quote:

Pay for trust or pay for probate. Pick your poison.


Most people pay for both because they don’t know wtf they’re doing.
Posted by TigerGrl73
Nola
Member since Jan 2004
21453 posts
Posted on 2/25/26 at 7:36 am to
quote:

Most people pay for both because they don’t know wtf they’re doing.

This cannot be stated emphatically enough.
Posted by KWL85
Member since Mar 2023
3555 posts
Posted on 2/25/26 at 8:38 am to
quote:

Big cost is the cost to set up sbd aggravation of retitling assets


Not my experience. It costs $100 to retitle a piece of property. A deed is a 1 page document that transfers ownership. Non-real estate assets have separate forms, but most can be done for free.
Posted by BestBanker
Member since Nov 2011
19278 posts
Posted on 2/25/26 at 9:15 am to
I think you may be referring to three asset protection feature, in the event of a grantor's child going through a divorce proceeding. Yes. Assets owned in trust for a beneficiary are not subject to civil claims.
Posted by Sho Nuff
Oahu
Member since Feb 2009
13832 posts
Posted on 2/25/26 at 4:17 pm to
quote:

Big cost is the cost to set up sbd aggravation of retitling assets

Many employers offer prepaid legal as an option so my wife had that. It cost us about $1k for an attorney from their list to do the Trust, Will, AHD, and POA. He also filed the Deed paperwork for my properties with the state just for the fees charged plus priority mail cost.

You're definitely right on the annoyance of retitiling. Some were easier than others, but overall it's not that bad. And once it's done you won't think back on the aggravation.
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