Trusts, Their Benefits and Limitations

A trust is an agreement between three parties: the trust maker, the trustee, who oversees and runs the trust, and the beneficiaries. Beneficiaries are third parties who are going to benefit from the trust. What we deal with most is called a revocable living trust. In revocable living trusts, you are the trust maker, the trustee, and the beneficiary, while you're alive. You can still sell, buy, and move your assets in and out of the trust. You're not limited in any way, while you're still alive.

One of the largest benefits of the trust is that since your assets are held in the name of the trust rather than your name individually, you don't have to go through the probate process after you die. Another huge benefit is that they can be effective even while you're incapacitated. With a trust, you can have strong incapacitation provisions that allow someone to step in and manage things for you while you're incapacitated. If you regain your capacity, you can regain control.

Limitations To A Trust…

Will and its Functions

A will is a document that is intended to be used by the court, through the probate process, to let them know how you want your assets to be distributed. If you have minor children, it will also name who you want the guardians of your children to be. Many people think that drafting a will can avoid probate but in reality, having only a will guarantees that your family will end up in probate.

A will becomes effective once you pass away. If you become incapacitated, your will doesn't go into effect…

What is Estate Planning?

Estate planning is about what you want to achieve for your family. That is where the benefits of working with an attorney come in, versus doing it yourself. It is thinking about the things you might not realize could happen. It is more than just a will; you want to have your healthcare directives taken care of and have powers of attorney in place.

The Goal Of Estate Planning

The goal of estate planning should be…