A LIVING TRUST
SHOULD EVERYONE HAVE ONE?
SHOULD EVERYONE HAVE ONE?
Protect your assets, preserve your legacy, and ensure your family's financial security with comprehensive estate planning solutions.
Why Everyone Needs a Living Trust
Age Doesn't Matter
Whether you're 25 or 85, a living trust provides essential protection for your assets and peace of mind for your family.
Universal Protection
Everyone should have one. A revocable living trust protects and preserves your assets and income while you're alive.
Incapacity Planning
Allows an appointed individual to make your medical and financial decisions if you become incapacitated.
The Probate Problem
Probate is the court process by which legal title of property transfers from the deceased to beneficiaries. Once an asset owner dies, probate court legally removes their name from titles and transfers ownership to new owners.
$74K
Probate Trigger
Undisposed assets or real estate above this amount triggers probate in most states
10%
Average Cost
Of gross estate for probate costs, including homes, CDs, accounts, IRAs, and life insurance
6-24
Months Duration
Time required for probate process, sometimes extending even longer
Probate Challenges
Expensive Process
Average cost of 10% of gross estate includes all assets: homes, CDs, brokerage accounts, IRAs, 401ks, life insurance, and annuities.
Time-Consuming
Takes 6 months to 2 years or longer to complete the legal process and transfer assets to beneficiaries.
Public Process
All probate proceedings become part of public record, exposing your family's private financial matters.
Family Stress
Creates significant emotional and administrative burden on executors and heirs during an already difficult time.
Why Not Just Add Kids to the Deed?
Adding children to property deeds might seem simple, but it creates serious risks and complications that can jeopardize your family's financial security.
Loss of Control
Once on title, children become legal owners requiring their signatures for any property decisions or transactions.
Liability Exposure
If children face lawsuits, accidents, or divorce proceedings, your property becomes vulnerable to their creditors and legal issues.
Tax Consequences
Creates potential gift tax issues and eliminates stepped-up basis benefits, resulting in higher capital gains taxes for your children.
Living Trust Benefits
What Happens When You Pass
01
Immediate Access
Beneficiaries gain instant access to trust assets without court delays or legal complications.
02
Private Process
All asset transfers remain confidential, protecting your family's financial privacy from public scrutiny.
03
Cost-Effective
Eliminates expensive probate fees and court costs, preserving more wealth for your beneficiaries.
04
Stress-Free
Removes administrative burden from family members during their time of grief and mourning.
A living trust reduces cost and time to move assets to the next generation, preserving your family legacy for future prosperity.
Living Trusts and Creditor Protection
A common question arises regarding how a living trust impacts existing debts and creditor claims. Understanding these nuances is crucial for effective estate planning and to ensure your assets are protected as intended.
No Shield from Personal Debts During Life
A revocable living trust generally does not protect assets from your personal creditors while you are alive. Since you retain full control over the trust's assets, they are typically still considered accessible for debt collection.
After Death: Probate Creditor Avoidance
Upon your passing, a properly funded living trust can help shield assets from claims made by creditors during the probate process, as trust assets bypass public probate and are privately distributed to your beneficiaries.
Fraudulent Transfer & Look-Back Periods
Transferring assets into a trust specifically to avoid existing creditors is considered a fraudulent transfer. Many states have "look-back" periods (often one year or more) during which courts can reverse such transfers.
Complete Living Trust Package
A comprehensive living trust includes essential documents that work together to protect you and your family in all circumstances.
Trust Agreement
The foundational document that establishes your trust and outlines how assets will be managed and distributed.
Durable Powers of Attorney
Financial and healthcare powers that avoid conservatorship and guardianship proceedings.
Living Will & HIPAA
Medical directives including life support preferences and healthcare information release authorization.
Pour-Over Will & Deed Transfer
Backup will and property transfers that ensure all assets flow into your trust structure.
Understanding Durable Power of Attorney
The durable power of attorney ensures your documents remain effective if you become unable to handle affairs or make decisions independently. Regular powers of attorney automatically end when someone loses mental capacity.
Signing for durable power of attorney is something everyone should do. If something bad happens to you, you can be sure someone is taking care of your medical needs and finances. You can be at ease knowing everything will be handled by the person of your choosing.
This critical protection avoids costly conservatorship proceedings and ensures your trusted representative can act on your behalf immediately when needed.
Living Will and Pour-Over Protection
Living Will Benefits
A living will details your medical treatment preferences when you can no longer make decisions yourself. This legal document provides clear guidance to healthcare providers and family members.
- Specifies end-of-life care preferences
- Includes "Five Wishes" comprehensive planning
- Reduces family decision-making burden
- Ensures your values guide medical care
Pour-Over Will Function
A pour-over will serves as a safety net, directing any assets not already in your trust to transfer into the trust upon death. This backup protection ensures comprehensive estate planning coverage.
Combined with proper deed transfers, these documents create a complete asset protection system that avoids probate entirely.
Trust Funding: The Critical Final Step
"Funding a trust" means transferring asset ownership from your name into your trust's name. This is perhaps the most important task for individuals and families wishing to avoid probate.
Financial Accounts
Transfer bank accounts, investments, and retirement accounts into trust ownership.
Real Estate
Execute deed transfers to move property titles from personal to trust ownership.
Insurance & Assets
Update beneficiary designations and ownership of life insurance, vehicles, and personal property.
Ready to Get Started?
Protect your family's future with comprehensive estate planning. Contact us today to begin creating your living trust and securing your legacy.
Living Trusts and Property Tax Exemptions
A common concern is whether a living trust will affect property tax exemptions. Rest assured, placing your home into a revocable living trust generally does not jeopardize your eligibility for valuable tax breaks like senior or veteran exemptions.
Exemptions Follow the Owner
Property tax exemptions are typically tied to the individual homeowner's qualifications (e.g., age, veteran status), not the legal entity holding the deed. Your personal eligibility remains key.
Retained Beneficial Ownership
As the grantor and beneficiary of your revocable living trust, you retain beneficial ownership of your property. For tax purposes, you are still considered the owner, preserving your status.
No Loss of Tax Benefits
You can continue to claim all eligible property tax exemptions and special rates. The living trust serves as a vehicle for management and distribution, not a change in your qualifying ownership.
Seamless Estate Planning
This ensures you receive the full estate planning benefits of a living trust—avoiding probate and ensuring privacy—without sacrificing the tax advantages you've earned.
Digital Assets and Everplans
In today's digital world, your estate plan isn't complete without accounting for your online presence and digital assets. From cryptocurrency to social media, these assets need clear instructions for management and transfer.
Online Accounts & Passwords
Securely document access details for all online accounts, including email, social media, cloud storage, and subscription services, ensuring loved ones can manage or close them as per your wishes.
Financial Digital Assets
Provide clear instructions for cryptocurrency wallets, online banking portals, investment platforms, and other digital financial instruments. This prevents loss and facilitates smooth transfer.
Digital Documents & Media
Specify access to important digital documents, photos, videos, and intellectual property stored online or on devices. Protect your digital legacy and cherished memories.
Secure Everplan & Vault
Utilize a secure digital vault or "everplan" service to centralize all critical information, ensuring encrypted access for your designated fiduciaries when needed. This is crucial for seamless management.
Complete Living Trust Package
Our comprehensive living trust package offers competitive pricing and flexible payment solutions, making robust estate planning accessible to everyone. Each package includes a professionally prepared deed for funding l, offering thorough protection for your estate. Speak with your advisor to learn more about our process and personalized options.
Competitive Pricing
Benefit from top-tier estate planning services at a fraction of competitor costs, maximizing value for your investment.
Flexible Payments
Choose from convenient monthly installments or a half-upfront option, tailored to suit your financial preferences.
Included Deed
Each living trust package is complete with a professionally drafted will, ensuring all aspects of your estate are covered.
A Living Trust: Should Everyone Have One?
Absolutely. A living trust is not just for the wealthy; it's an essential tool for anyone who owns assets and wants to ensure their legacy is protected and managed according to their wishes, while simplifying the process for their loved ones.
Universal Protection
Safeguards assets from probate, minimizing delays and costs for all estate sizes.
Privacy Assurance
Keeps your financial affairs confidential, unlike public probate proceedings.
Family Harmony
Reduces potential disputes and stress among beneficiaries during a difficult time.
Retain Control
Maintain full control over your assets during your lifetime, even if incapacitated.