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Aug 6th, 2022
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How to Clean label in the Revocable Living Trust

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okay so in this video were going to talk about ten provisions every revocable living trust should have so Im Paul Rabalais Im an estate planning attorney every morning at 10 a.m. Central time check in to this YouTube channel where Im going to give you another educational video that will help you protect what you have for yourself and your family all right I want to give you a little bit of introduction to this topic and then jump in to the ten necessary provisions okay when people get their legal affairs in order they do several different things yes they they provide for where their stuff will go when they die how they want to leave it to their spouse if theyre married to their children if they have children or grandchildren to others and that all is very necessary and very appropriate appropriate in addition to designating you know how things are to be distributed when when you pass away many people also want to simplify or streamline that process of getting their estate settled

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Most people think the benefits outweigh the drawbacks, but before you make a living trust, you should be aware of them. Paperwork. Setting up a living trust isnt difficult or expensive, but it requires some paperwork. Record Keeping. Transfer Taxes. Difficulty Refinancing Trust Property. No Cutoff of Creditors Claims.
What assets cannot be placed in a trust? Retirement assets. While you can transfer ownership of your retirement accounts into your trust, estate planning experts usually dont recommend it. Health savings accounts (HSAs) Assets held in other countries. Vehicles. Cash.
Some of the Cons of a Revocable Trust Shifting assets into a revocable trust wont save income or estate taxes. No asset protection. Although assets held in an irrevocable trust are generally beyond the docHub of creditors, thats not true with a revocable trust.
What is the 65-Day Rule for estates and trusts? Any distribution by an estate or trust within the first 65 days of the tax year can be treated as having been made on the last day of the preceding tax year. This year, that date is March 6, 2023.
The major disadvantages that are associated with trusts are their perceived irrevocability, the loss of control over assets that are put into trust and their costs. In fact trusts can be made revocable, but this generally has negative consequences in respect of tax, estate duty, asset protection and stamp duty.
And you can choose someone to be the trustee and manage your trust after you die. The beneficiary of your trust will receive the assets of your trust once you pass away. Thats why Orman recommends you have a will and a living revocable trust.
Typically, a revocable trust will allow you to receive all of the benefits of the trust assets (the trust income and the right to use trust assets) as you choose during your lifetime. Following your death, the trust assets are distributed in the manner youve directed through the trust terms.
When you place property in a revocable trust, you have the right to take it back out. As a result, the Internal Revenue Service and state income-tax collectors treat your assets the same whether theyre in the trust or not. Putting a house in trust offers no protection against tax liens on the property.
Youll no longer own the estate the trust does which means its safe from creditors and legal judgments. One important note: irrevocable trusts are not only for the very wealthy. Many types of people with many different financial situations can benefit from using a irrevocable trust.
Irrevocable Trust Pros and Cons Holding assets in an irrevocable trust can also be useful if youre trying to qualify for Medicaid to help pay for long-term care and want to avoid having to spend down assets. The downside to irrevocable trusts is that you cant change them. And you cant act as your own trustee either.

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