Wills and trusts can each be used to transfer your property when
you die, but they are very different estate planning tools.
A will becomes effective when you die, while a living trust
becomes operative immediately upon its creation. A trust
can be used to manage your to manage your estate while you
are alive. Trusts are more flexible than wills and don't
generally require formality of execution at each point of
action. If you own real estate in more than one state a living
trust can help avoid probate in two different states. A will
becomes public when it is filed in probate court, while a
trust remains a confidential instrument. Living trusts avoid
the formal probate process thereby allowing almost immediate
access to your estate assets.
For these reasons the use of living trusts make sense for
most people. These trusts can connect to your current estate
plan
by use of a "pour-over" will. Other trusts such as
the irrevocable life insurance trusts can create additional tax-free
benefits to your loved ones. Tools such as charitable trusts
and gifts to minors are available as additional techniques.
If
you are interested in having Attorney Fishbein draft your
will and/or trust, please contact
us today.
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