Facts You Should Know Before You Set Up A Family Trust

By Linda Gray


You should consider preparing a trust if you wish to transfer ownership of assets and property from your name into the name of your heirs. Irrespective of the age of the heirs in question, you can see to it that they will eventually inherit certain assets or properties. As the grantor, you will be at liberty to change the terms of your agreement whenever you so please. If you need help setting up a family trust you should consider hiring an estate planning attorney.

The trust you will be setting is also referred to as a revocable living trust. The processes involved in preparing the relevant documents will not be stressful, more so if you seek dependable assistance. An attorney who specializes in estate law can provide invaluable assistance and help you choose the various items that you want to indicate in the legal document. The same lawyer shall be your point of contact should you wish to revise or update the terms of your trust.

Through a trust the living can dictate what happens to their properties when they pass on. You will be making an estate planning agreement that determines who gets ownership of your assets, properties and estates and once you are deceased, your wishes will be carried on automatically. There are various other benefits allied with setting up a revocable living trust.

To begin with, your heirs can avoid probate. This is a legal administrative process that helps to validate and verify the will of the deceased and also oversee appropriate distribution of assets. Probate is in most cases a lengthy, costly and frustrating process that you can avoid by setting up a revocable living trust. If you already have a trust, the courts will not interfere with the transfer of property once you pass on. This means that your heirs can get their inheritance faster, easier and without spending a lot of money.

You should also consider setting up a revocable living trust with the intentions of reducing tax liability. After the trust, you will not be obligated to pay estate and inheritance tax once you are no more and this calculates to your heirs enjoying an extra gift. They will however need to pay federal gift taxes.

The fact that trusts are airtight means that your heirs will enjoy peace of mind knowing that they will not have to battle with any legal problems. The agreement turns your wishes into law and this means that the terms of the trust cannot be changed after you die. In fact, it is not practical for anyone to try to challenge a trust agreement.

One of the major advantages trusts have over wills is that they remain confidential. On the other hand, wills are considered as public records and this means that once you pass on, anyone can head to the courthouse and request to review a copy of your will. If you would like to keep your affairs private choosing to set up a trust would be an excellent idea.

The above mentioned are merely the top ways through which a revocable living trust can protect your estates, legacy and heirs. Because you will be creating a very delicate agreement, you must seek the help of a seasoned attorney. The expert can help in ensuring that you do not make any blunders.




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