Convert Revocable Living Trust to PPT

Aug 6th, 2022
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How to Convert Revocable Living Trust to PPT

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In this video, estate planning attorney Paul Rabelais discusses the importance of properly naming or titling a revocable living trust. He explains that many individuals create living trusts to ensure their assets are titled correctly, thereby avoiding the need for court-supervised probate or succession proceedings upon their death. By doing so, assets within the trust can be distributed directly to beneficiaries by a designated successor trustee—typically a child or children—without requiring attorney or court involvement. Rabelais emphasizes the necessity of appropriately naming the trust and the assets to prevent complications during this process.

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With an irrevocable trust, the transfer of assets is permanent. So once the trust is created and assets are transferred, they generally cant be taken out again. You can still act as the trustee but youd be limited to withdrawing money only on an as-needed basis to cover necessary expenses.
A living trust that directs the grantors property distribution after the grantors death (testamentary instructions) must be properly executed with the same formalities as a will. That is, the living trust must be signed before two witnesses and a notary.
Irrevocable trust distributions can vary from being completely tax free to being taxable at the highest marginal tax rates, and in some cases, can be even higher.
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.
Who Controls an Irrevocable Trust? Under an irrevocable trust, legal ownership of the trust is held by a trustee. At the same time, the grantor gives up certain rights to the trust.
The downside to irrevocable trusts is that you cant change them. And you cant act as your own trustee either. Once the trust is set up and the assets are transferred, you no longer have control over them.
A revocable trust can be changed at any time by the grantor during their lifetime, as long as they are competent. An irrevocable trust usually cant be changed without a court order or the approval of all the trusts beneficiaries. This makes an irrevocable trust less flexible.
Can a beneficiary withdraw money from an irrevocable trust? The trustee of an irrevocable Trust cannot withdraw money except to benefit the Trust. These terms include paying maintenance costs and disbursement income to beneficiaries. However, it is not possible to withdraw money for personal or business use.

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