Who Needs a Trust Instead Of a Will?

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Understanding the purpose and structure of a last will and Trusts as part of the Estate Planning process is important. While most people know what a Will is and how it works, Trust can be more complicated. In comparison to Wills, Trusts generally have a more complex legal structure.

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Who Needs a Trust Instead Of a Will?

Deciding which Trust is best for you can be challenging based on the various available types. A Trust, however, can serve several purposes that you should consider before implementing an estate plan. Here we will discuss Who Needs a Trust Instead Of a Will.

 

About a Trust.

A trust involves formally transferring assets to a small group called Trustees for their benefit. A Trustee manages and looks after your assets on behalf of your beneficiaries based on the terms of the Trust Deed.

You will leave your assets to some Trust upon death or during your lifetime. Upon your death, the Trustees will continue to oversee the Trust assets, remaining in the Trust after your passing. Trusts are legal owners of assets held in them.

Normally, the settlor would not keep any interest or be included as a potential beneficiary if the gift of assets were for inheritance tax purposes because such a gift would be ineffective.

If you pass away, your Trustees will distribute your remaining assets according to your wishes or continue to manage them until they wish to distribute them. It is possible for the latter to occur, for example, when Beneficiaries are minors or disabled or when beneficiaries are likely to fritter away the funds.

Discretionary, Accumulation, and Bare Trusts are all types of trusts. Each is a little different, so consider all your options carefully.

 

Bit about a Will.

You can use a Will to determine how your assets will pass and what happens after you pass away. You must create a Will, sign it, and witness it to be legally enforceable. It should identify your beneficiaries and provide details of how to distribute your assets. Additionally, your will should outline the name and position of the executor.

The Will can also specify who will take care of your dependent children if you pass away while they are in your care if you have any dependent children. In addition to clearly stating who gets what, you can plan to save money on inheritance tax by making gifts and charitable contributions.

You can use your Will to specify how your funeral will take place. You can also specify who gets what and how your loved ones can access your assets without too much difficulty.

 

Basic Reasons for Need a Trust

 

Basic Reasons for Need a Trust

 

When an individual has over $200,000 in assets, including homeowners, trusts play an important role in an Estate Planning strategy. If children from previous marriages or young children are involved, they may be a vital tool for parents who need control over how their assets pass to them. Trusts have several benefits. Take a look at the following eight reasons you should have one:

  • Using a trust can save you from probate
  • The use of certain trusts can reduce estate taxes.
  • Controlling your assets is easier with trusts.
  • It is easy to maintain them.
  • If the worst happens, Trust can protect your loved ones.
  • Trusts are an effective way of dividing complex assets.
  • Trust your family’s future with Trust.

 

Using a trust can save you from probate.

The primary reason to plan your estate is to prevent lengthy probate proceedings for your loved ones. It helps you avoid this process. In this way, your loved ones avoid the difficulty of going to court when they are already going through a difficult time.

A thorough Estate Plan can also help you avoid many probate court costs, including attorney and court fees.

 

The use of certain it can reduce estate taxes.

Trusts come in various types, but almost all incorporate tax planning into their design to reduce or eliminate Estate taxes. Trusts can help reduce a person’s total taxable estate.

 

Controlling your assets is easier with it.

You gain greater control over your estate with a trust than you can with a will. If you have young children, you can use this as an excellent method to ensure they do not receive their inheritance in one lump sum.

With it, you can decide when and how assets will transfer. After graduating from high school or college, or even after marriage, children can receive funds through trusts created with certain life milestones in mind.

 

It is easy to maintain them.

It needs more maintenance once they come into existence. Even though you may need to update your Estate Plan following a new life event (for example, the birth of a child or the acquisition of a new asset), Trusts rarely change.

 

If the worst happens, Trust can protect your loved ones.

No one wants to think about the worst-case scenario, but sometimes life gets in the way. If you cannot make decisions near the end of your life, estate planning is essential to protecting your family and yourself. It can ensure your loved ones are cared for if you become incapacitated.

 

This can help children with special needs.

Creating a Trust can offer extra protection for your children with special needs or long-term medical challenges after your death if you have children with special needs or long-term medical challenges. It can provide long-term financial assistance to your child. You can also use various Trusts to meet different children’s needs differently.

 

Trusts are an effective way of dividing complex assets.

You might find it harder to split up a family business or a vacation home than you want to leave to just one person.

It can be an effective way to do that, for example, if you need to split up a family business or don’t want to leave the vacation home to one person.

 

Trust your family’s future with it.

You can use trusts to ensure your spouse and children are cared for after you leave. This is because, after divorce or remarriage, it becomes more difficult to distribute assets.

Even though your spouse or children may remarry or change their family structure later in life, you can ensure they receive their rightful inheritance by creating a Trust.

 

Considerations about Will and Living Trust

To determine if establishing Trust is worth your time and energy, answer these questions to help determine if establishing a trust is worthwhile. Most states offer an expedited or simplified probate process if your estate is under a specified dollar threshold (varies from state to state).

A will may be appropriate if your estate passes under an expedited probate process or if you live in a state where probate is a manageable process.

It is important to consider whether you will actively manage your estate plan. If not, you may have better options than a living trust. Trusts are only beneficial if assets go into them.

Essentially, a living trust accomplishes many of the same objectives as a will. However, it allows you to reach other goals that a will cannot.

To decide whether a living trust is better, you must assess whether the additional advantages are worth it. There is no one size fits all solution. One person’s choice may not be the same as another’s. You and your family should devise an estate plan that meets your needs.

 

If the Will fails to take effect at death.?

There are many ways to create a Will, and they often complement each other. When the Trust exists during the settlor’s life, also referred to as a living trust, it usually overrides the Will if there are conflicts between the two.

If the Trust enacts during the settlor’s lifetime, it will usually override the Will. If there are discrepancies between a Will, the Trust will take precedence if the Will fails to take effect at death.

It set up by a Will can dissolve, or a deed of variation is used depending on the situation and the ages of the beneficiaries, etc., when the settlor dies as part of the Will. However, in general:

  • Wills and trusts are both components of an estate plan, but they sometimes conflict with one another.
  • Living trusts take precedence over wills when conflicts arise.

There’s no shame in going with both options. Trusts are often limited in scope and can only handle part of your estate. Since a Will outlines everything, it makes sense to include everything in it.

 

Frequently Asked Questions about Trusts

The following frequently asked questions may give you a better understanding of why you might need of it now that we have discussed the various reasons why you want one.

 

Do we need it if we have a Will?

Whether you need it or not depends on your legal and financial needs. Unlike Wills, which name beneficiaries and determine how assets will pass, it gives you more control over these elements. Those with large or blended families can also use trusts to plan more complex estates.

 

Why do we need it in CA?

As a homeowner in California, you may need Trust in many situations. Since most states have high property values, creating it to protect your assets after death may be necessary. Creating a Trust can keep your property in your family’s hands.

Most Trusts avoid probate altogether because they help the smooth transfer of assets between families. In this way, probate court proceedings disappear, as well as the associated costs.

 

The New Law Might Affect Your Estate Plan.

Our guide to the Secure Act of 2020 discusses how the new law might affect your Estate Plan. The new law establishes several restrictions on Trusts and their beneficiaries.

Creating a last will is not uncommon, but it leaves your estate vulnerable to probate court and various Estate taxes. By creating a Trust, you can gain more control over how your assets pass and may even get tax benefits from it.

However, if you are planning an estate, you should consider using a Trust for many reasons. Let our team assist you every step of the way. If you have any questions we didn’t answer: Do not hesitate to contact us.

 

Bottom line

Trusts will both have advantages, so deciding which is right for you can be difficult. We can help if you need to discuss something that’s not always easy, but it’s something we’re here to help with.

Almost everyone should have a Will, and depending on the individual circumstances and objectives, you may want to consider using Trusts during your lifetime or upon your death.

Hedy Ghavidel

HEDY GHAVIDEL Managing Attorney  Roseville Office  1-866-471-6981  info@attorneysre.com Bio...

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