Revocable Living Trusts

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Commonly Asked Questions about Revocable Living Trusts

What is the primary use of a revocable living trust?

People use trusts to keep control of their money and property and to designate who receives money and property once they die. One reason to set up a revocable living trust is to avoid the probate process after death. Probate is a public process, and it can be expensive and lengthy.

What is the disadvantage of a revocable trust?

The main disadvantage of a revocable living trust is that it does not protect you from creditors or lawsuits. Because you have control of everything in your trust and have access to the assets, you can still be sued for liability.

What is the primary purpose of a revocable living trust?

Put more simply, a revocable living trust is a document that allows individuals to continue to own and control their property while they are alive, then transfer it to whoever they want after they die, all while avoiding probate.

What is the difference between a living trust and a revocable trust?

A revocable trust and living trust are separate terms that describe the same thing: a trust in which the terms can be changed at any time. An irrevocable trust describes a trust that cannot be modified after it is created without the beneficiaries consent or court approval, and possibly both.

What assets should not be placed in a revocable trust?

The assets you cannot put into a trust include the following: Medical savings accounts (MSAs) Health savings accounts (HSAs) Retirement assets: 403(b)s, 401(k)s, IRAs. Any assets that are held outside of the United States. Cash. Vehicles.

What is the greatest advantage of a revocable trust?

Arguably, the single greatest advantage of choosing a revocable living trust is the simple fact that it avoids probate court. With a last will and testament, the named beneficiaries must go through a lengthy court hearing before they are able to legally obtain the estate and/or assets specified in the grantors will.