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Why you should have a revocable living trust

  • Writer: Richard Sprague
    Richard Sprague
  • Nov 23, 2023
  • 2 min read

Updated: Oct 15

When you embark on your journey of estate planning, consider the advantages of incorporating a living trust into your strategy. A living trust provides you with the power to manage your assets during your lifetime, and upon your passing, it continues to act, ensuring your estate is distributed according to your wishes. This tool provides significant benefits that may enhance your peace of mind and protect your legacy.


First, you have the advantage of control. You can act as your own trustee and manage the assets placed in the trust. You can buy, sell, trade, and even terminate the trust according to your needs and goals. This flexibility allows you to adjust your financial strategy over time.

Second, consider the privacy benefits of a living trust. Unlike a will, which becomes a public record when it’s probated, a trust operates privately with only limited persons entitled to a copy. Outsiders won’t be able to scrutinize your financial affairs or the specifics of your estate distribution. You’re afforded an additional layer of privacy that is especially appealing in our information-saturated world.


A living trust also lets you avoid the probate process, which can be time-consuming and expensive. Upon your passing, the assets within the trust are directly transferred to your beneficiaries. This streamlined process can save your loved ones unnecessary stress and expenses, and it can make the transition smoother for everyone involved.


Importantly, a living trust gives you the means to plan for possible incapacity. If you become unable to manage your affairs, a successor trustee can step in to manage the trust’s assets on your behalf. This provision ensures that your assets are managed responsibly, even in unexpected circumstances, without requiring a court-appointed guardian or conservator.


Finally, with a living trust, you have the opportunity to reduce estate taxes, particularly if you’re part of a married couple. By setting up an AB or ABC trust, you can potentially double the estate tax exemption amount, protecting more of your hard-earned assets for your beneficiaries.


In sum, a living trust provides you with control, privacy, probate avoidance, incapacity planning, and potential tax benefits. It’s a powerful tool you can use to shape your legacy and safeguard your assets. However, it’s crucial to consult with an experienced and qualified estate planning attorney to ensure that a living trust aligns with your unique needs and objectives. By doing so, you’re investing in a secure, well-managed future for yourself and those you care about.


 
 
 

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