living trust Tag

Dispelling Common Myths About Living Trusts

Most people have a general idea of what a Last Will and Testament is and the purpose it serves. However, if you mention establishing a Living Trust, many people will look at you quizzically with no idea what you're referring to, or they'll mistakenly claim that a Living Trust is reserved for "rich people." This is not the case. In fact, there are many misconceptions surrounding Living Trusts. Below are some of the most common myths about Living Trusts and important facts you need to know. Myth No. 1 – I Don't Need a Trust Because I am Not Wealthy This is,...

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How to Properly Establish a Living Trust

One of the best estate planning tools you can utilize is a living trust. Establishing a trust allows your loved ones to avoid lengthy and complicated probate and may save your family money in administrative expenses and taxes. So how do you set up a living trust? The requirements of a trust to be considered legally valid include: You need to have the intent to create a trust. This is a fairly simple requirement to meet by stating your intent in the trust document. You need to have the testamentary capacity to create a trust. This means you need to have the...

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There’s No Such Thing as a “Simple Will”

I get this request, in some form or another, on a regular basis - “I want a simple will.” The client is thinking they have a relatively straightforward collection of assets and a “typical” family. Then they drop the proverbial bomb and reveal that they have a half-interest in a rental property based in Honolulu, natural gas interests in another state, and a general partnership worth somewhere between $100,000 and $5,000,000. They also divulge the fact that they have one child who is physically disabled and another child who has served jail time with two divorces under their belt. Clearly, a...

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Maintaining Control of Your Money From Beyond the Grave

A funny  story, found on littlethings.com, about a man and his money goes as follows: There was a man who worked all of his life and saved all of his money. He loved money more than just about anything, and just before he died, he said to his wife, “Now listen, when I die I want you to take all my money and place it in the casket with me. Because I want to take all my money to the afterlife.” So, he got his wife to promise him with all her heart that when he died she would put all...

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The Williams Family Feud – Lessons for Estate Planning

Back in November 2014, I blogged about Robin Williams’ estate plan and his use of a living trust as a vehicle for distributing assets to his children. Unfortunately, despite what appears to be a thoughtfully crafted plan for who receives which assets, members of Williams’ immediate family have opted to litigate a dispute over his estate. The dispute focuses on an array of Mr. Williams’ personal items including his a tuxedo Mr. Williams wore, a promise ring, photographs and awards at his Tiburon, California home. The rivaling family members include Mr. Williams’ wife and three children from previous marriages. ...

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