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Commonly Asked Questions about Legal Documents for Single Individuals

A will allows you to say who will be the guardian for your children and what happens to your property and money after you die. Some people can get by without a will. Single people with little money, no real estate, and no children probably dont need a will if they are okay with the intestate succession laws.
Irrevocable trusts This can give you greater protection from creditors and estate taxes. As stated above, you can set up your will or revocable trust to automatically create irrevocable trusts at the time of your death. When you use your will to create irrevocable trusts, its called a testamentary trust.
A living trust is established while you are still alive and is a good option if youre widowed, divorced, or unmarried. By establishing a living trust, youre placing your assets in trust and choosing a representative or successor trustee who will transfer the assets in the trust to your designated beneficiaries.
An irrevocable trust provides you with more protection. While you cant modify it, creditors cant easily make claims against it, and assets held within it can generally be passed on to beneficiaries without being subject to estate tax.
If youre single, the two most important reasons for establishing a living trust is that it helps your beneficiaries to avoid the costs and hassles of probate and will keep your assets out of court-supervised guardianship.
For someone with a spouse and/or children, it can work out because state laws pick these immediate relatives by default. But if youre single, state laws will go down your list of relatives parents to siblings to nieces and nephews, aunts and uncles and cousins until they find a match.
Irrevocable trusts are an effective way to remove assets from your taxable estate. Revocable trusts can help your estate avoid probate but they dont reduce your estate tax liability.
Writing a Will When Youre Single Youll need to name an executor. You may need witnesses. Youll need a plan for how you want your assets to be distributed.