If you are a parent, or if you are planning to become a parent or…
The most well-known and popular type of trust is the Living Trust. This estate planning tool is so popular mainly because it is easy to administer and provides many advantages with few limitations.
A Living Trust is an arrangement you create while you are alive. Under this type of trust a trustee holds legal title to property for a beneficiary.
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You can be the trustee of your own living trust, and maintain full control over all property held in trust.
Advantages
One of the main advantages to making a Living Trust is that property held in the trust avoids probate. By avoiding probate you will avoid what could be a lengthy and expensive court-supervised process.
Another important advantage of a Living Trust is asset management. A Living Trust allows you to retain control of and manage your assets while you are alive and arrange for the management of your assets in the event of your incapacitation or death.
Misunderstandings
One common misunderstanding relates to asset protection. Transferring your assets to a revocable living trust does not protect them against creditors, lawsuits, and divorce. Essentially, you still personally own the assets titled in the name of your Living Trust.
In addition, assets transferred to a Living Trust are still subject to estate taxes, the spousal right of
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election, and Medicaid eligibility rules.
It is important to discuss the advantages and drawbacks of a Living Trust with an experienced attorney in order to create an estate and long-term care plan suitable to your specific needs.
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