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Trusts

Trusts are essential documents for some estate plans.  Although trusts are almost always the estate planning vehicle of choice for large estates, they are also critical for the smooth administration of many smaller estates. A few examples of when you will definitely want to discuss setting up a trust:

  • when a disabled person will be the beneficiary;
  • when there is a second spouse and children from a previous marriage;
  • when the beneficiaries are antagonistic towards one another;
  • when there are a large number of beneficiaries;
  • when a future beneficiary is receiving Medicaid or anticipates doing so;
  • When the beneficiary is a minor, and there are special instructions for disbursement of the trust fund;
  • When the assets of a person’s estate exceeds the federal estate tax limit;
  • If you have a pet, and are worried about who would take care of your pet if you died or became disabled, a Pet Trust is an estate planning vehicle you definitely want to explore.

The downside of a trust is that people do not understand them. they are more expensive than traditional estate planning.  They are frequently not funded fully, thereby necessitating the additional cost of a probate proceeding at the time of the death of the Trustor.

The Law Office no longer drafts trusts since it is our policy that the attorney should be young enough to oversee any changes to be made to the trust in the future.  However, once a trust becomes effective after the death of the Trustor, our office has years of experience winding up the administration of the trust.

It is possible to title property to pass to your loved ones without setting up a trust, but there are potential pitfalls in doing so.  We can walk you through the difference between both options. Whether you decide for or against a trust, a full discussion of how your assets are titled is imperative.

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