Living trust vs will

Not sure which living trust vs will is right for you? What Is an Irrevocable Living Trust?

In the United States, there are various types of trusts you can create, all of which are either revocable or irrevocable. In comparison to revocable trusts, an irrevocable living trust is much more effective for eliminating your estate tax burden, in avoiding delays of asset distributions in probate courts and for Medicaid planning. Revocable As the names imply, revocable trusts allow you to change your mind and alter the terms of the trust, or even cancel it, at any time. In contrast, the transfer of assets to an irrevocable trust is permanent and irreversible. The terms of an irrevocable trust can only be modified by a state court that has jurisdiction over the trust. Estate Tax Implications Irrevocable trusts are a useful tool in estate planning when a main objective of creating the trust is to minimize the estate tax liability on the value of all assets.

The federal estate tax rules only impose a tax if you own the assets at the time of your death. Avoiding Probate All trusts, including irrevocable living trusts, bypass probate — court oversight of the distribution of your assets at death — since state probate courts don’t have jurisdiction over trust assets as they do with property left in a will. When you create an irrevocable living trust, it’s no longer necessary to draft a will to provide instructions on which beneficiaries will receive your estate. Medicaid Planning One of the principal eligibility requirements to receiving Medicaid assistance is that you first deplete all of your assets to pay for your own medical expenses. Therefore, if you retain ownership of your assets, even if through a revocable living trust, at the time of submitting a Medicaid application, you will not receive federal assistance. Estate Street Partners, LLC: Revocable Trusts vs. LLC A family trust and a limited liability company, or LLC, are both created under state law, but they are two very different legal vehicles.

Types of Living Trust A trust is a legal instrument, created by a settlor, in which property is held by a trustee for the benefit of another party, known as the beneficiary. A Living Trust Explained A living trust is a legal device that establishes how your property is to be transferred upon death, but goes into effect during your lifetime. The grantor, who puts his property into the trust, assigns a trustee to administer the trust on behalf of a beneficiary. There are several types of living trusts. Inheritances and Family Trusts Probate can be a difficult process even with the simplest of estates and few heirs. What Are the Disadvantages of an Irrevocable Trust? An offer of membership in our legal plan is not an endorsement or advertisement for any individual attorney.

The legal plan is available in most states. We are not a law firm or a substitute for an attorney or law firm. You will be the “trustee” of your living trust which means that during your lifetime, you will have complete control over the living trust’s assets. Avoidance of Probate The main advantage for a living trust is the avoidance of probate. Probate is a state court proceeding in which your property is transferred to your heirs. Since probate only affects assets which you own at the time of your death, assets placed in a living trust are not owned by you, therefore, there is no probate on those assets.

Confidentiality and Continuity of Ownership Since probate is a court proceeding, your Will and the valuation of your assets are open to public inspection. A living trust, however, is confidential and the transfer of assets from the living trust is kept from public view. When the grantor of a living trust dies or becomes incapacitated, the successor trustee continues the administration of the living trust. Advantages to a Will A Will only takes effect upon the death of the person, therefore, nothing has to be transferred or administered currently. Also, the probate estate is a separate taxpayer which can select a fiscal year end — an advantage over a living trust.