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Estate planning attorney of Legacy Assurance Plan of America for Wills,Trust & Avoid Probate
Friday, May 20, 2016
Legacy Assurance Plan Article | A Trust Tool for Every Application
Summary: Many people have avoiding probate as one of their estate planning goals, for good reason. Many of those desiring to avoid probate have become somewhat familiar with revocable living trusts, which are an effective means for avoiding probate. However, multiple other tools exist for avoiding probate, including pay-on-death or transfer-on-death financial accounts, life insurance, annuities and, in some states, transfer-on-death deeds. Each option has a unique set of advantages and limitations. A qualified legal professional can help you decide which is right for you.
comes to estate planning, a lot of people have heard of trust in general. They
may be familiar with certain types of trusts, like the revocable living trust.
well-known means for avoiding probate is the revocable living trust. These
trusts can be great tools for accomplishing your probate avoidance goals,
because the trust serves as a legal entity that (if all the proper steps are
taken) owns assets for you, meaning that, when you die, your wealth is managed
through the trust instead of your probate estate. Living trusts can also
provide other benefits, such as ensuring the continuity of the management of
your assets if you become mentally incapacitated. With a trust, your successor
trustee can, in most cases, seamlessly take over these management duties
without the need for a guardianship or conservatorship court proceeding, which
can be stressful and time-consuming.
you know that revocable living trusts are not the only way to avoid probate? In
some cases, you may be able to own millions of dollars of assets and not need a
trust to avoid probate. Life insurance policies and other insurance products
(like annuities) have death beneficiary designations on them. Many bank,
investment or other financial accounts can be structured to have "pay on
death" or "transfer on death" designations placed on them. Some
states have transfer-on-death deeds, which allow you place a death beneficiary
on real estate that you own in those states. Other states recognize the
enhanced life estate deed, which is somewhat similar to a transfer-on-death
deed in that the property covered by that deed passes, upon the death of the
owner, to a named beneficiary without the need of a probate administration. In
each of these cases, the process of placing those assets into your
beneficiaries' hands is simple, requiring only the death beneficiary paperwork,
proof of the beneficiary's identity and a copy of the death certificate.
death beneficiary accounts are not without their own risks, though. They will
not provide any protection if you become mentally incapacitated. Additionally,
if you desire to make major changes to the distribution of your wealth (perhaps
due to a divorce or remarriage,) you must take care update each individual
end, only a trained estate planning legal professional, working in partnership
with you, can help you decide which path works best for your goals and
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