|
When it comes to planning for the future we all know that life insurance isn¡¯t always enough. People used to think that a will was just for the rich or those with estates and properties. That¡¯s not the case. Any homeowner or investor can risk losing their assets to the government if they don¡¯t make definite plans for inheritance. To protect your assets and provide for your family, a will needs to be on your agenda.
Recently, a lot has been said about living trusts and a growing number of people are deciding to take that route instead of a will. Both are estate planning tools which allow you to transfer your assets according to your liking after you die. If necessary, they determine who will be guardian of minor children or cover the care of elderly parents. But which one is best for you? First, you need to understand the differences between a living trust and a will as well as the pros and cons each offers.
A will is a document detailing the allocation or disposition of all your assets after you die. Upon death, the will is verified and probated before it can become valid. Probate, the legal process of transferring assets, is unavoidable, but becomes a much smoother process with a will as opposed to nothing at all. A trust is a document covering all your significant property. It is valid as soon as your assets are transferred into it and a trustee is established. The creator designates themselves as trustee while they are alive and names a trustee to take over after they die.
One of the advantages of a living trust is that it can help avoid the cost and time of probate. Since it comes into effect as soon as funded, there is no freezing of assets. So, your family has immediate access, if needed, to replace the income you can no longer provide. The assets have to be in the trust at time of death; not about to be or in the process. Any asset not yet included in the trust is subject to probate.
One disadvantage of a living trust is the set up cost; more than with a will. This is especially so if you¡¯re adding tax planning measures. A will hardly costs anything to set up, but can be financially burdensome during the probate process.
Some people favor living trusts because they are more difficult to contest. A trust also provides them with a chance to deal with creditors or long lost relatives showing up for their piece on their own terms. With a trust, you decide who will manage it upon your death. A will allows this as well, but once it goes into probate the lawyers can take over and start making distribution decisions.
Unlike a will, a living trust cannot designate a legal guardian for minor children. Since none of us knows when we¡¯re going to go, this is a point that can¡¯t be missed. You have to add a will supplement to your trust; generally referred to as a pour-over will.
Although probate is unavoidable with a will, it doesn¡¯t have to cost an arm and a leg or drag on forever like promoters of living trusts suggest. Wills have very specific applications, rules and instructions. If followed clearly, the transition can be smoother than most people think. Depending on where your assets are, a will can force you to go through several probates. For example, if you own property in another state, it has to be probated in that state, which usually isn¡¯t required with a living trust. In addition, if you move to another state after drafting your will, it may not be valid since most wills are only good in the states they were created.
People tend to prefer wills because they cover everything, so you don¡¯t have to worry about guardianship of children or property that doesn¡¯t fall under the definition of ¡°significant.¡± In most states, the executor of a will is supervised which some suggest better protects against abuse. Unless specific limitations are written in, a trustee of a living trust has basically the same power over the assets as you did when you were alive.
While you have to follow certain rules and applications regarding wills, living trusts are contractual. This means you can draft any conditions you want, provided you stay within the law and common sense. However, with living trusts, you have to be more detailed and complex because they don¡¯t assume the specifics that a will does. So, if you are putting together the trust yourself make sure you are as precise as possible and leave no room for misinterpretation.
Still undecided which is best? Here are some additional areas of concern that might help you determine which route is right for you:
Privacy
A will is a public document, so all of your business is going to be everybody¡¯s business if they want to know. If you make sure to draft a living trust properly, you can keep it private. This can be harder to do if you put the trust together yourself and aren¡¯t specific enough. If the court has to intervene, hello public!
Tax Planning
Both tools have pretty much the same level of effectiveness when you¡¯re dealing with your estate, but you have to be more careful with a will. If you don¡¯t make sure assets stay correctly titled between the time you draft it and the time you pass, they won¡¯t get through probate in tact.
Creditor Protection
How many times have you heard of a family losing a loved one only to have their pain compounded with the inheritance of crippling debt? With a will, the executor is required to contact all creditors and give notice. Chance is, they¡¯re coming to get their money, but if they don¡¯t make their claim in a specified amount of time they¡¯re out of the game indefinitely. With a trust, there is no shut-out date, so they could conceivably pop up at any time to claim what is theirs.
Effort on Your Part
With a will, there is little for you to do because they are highly regulated and specific. If you aren¡¯t doing any tax planning they are pretty simple. This is probably why so many people take the make-your-own will route. Most work is done by the surviving spouse and family. It¡¯s the opposite for a living trust, where most work is done at the beginning with the transferring of assets. Upon death, everything is already in place and there isn¡¯t much left to do.
Whether or not a will or living trust is for you will be determined by your personal circumstances and the types of assets you own. You will also need to take cost into account and factor in the effort required of you and those you leave behind. Either way, once you make the decision, you¡¯ll probably get peace of mind knowing that all you¡¯ve worked for is going to the people or causes you love. |
Artical Related:
Installing child safety window bars on your home windows
Window dressings for your home
Free flower garden design ideas: planning a wild flower garden
Do it yourself: how to repair wicker furniture
Furniture restoration: old wicker and cane furniture




