Remove shadow in the Revocable Living Trust

Aug 6th, 2022
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How to remove shadow in the Revocable Living Trust

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[Music] Welcome everyone whos joining us on this zoom meeting today and if folks are in the waiting room well let you in as they come in. Colleen if youll make sure that you handle that one for me, I appreciate it. My name is Lynn St. Louis and I am an Estate Planning and Elder Law attorney at ELG Estate Planning here in Washington state and today what were going to be talking about are Revocable Living Trusts and the five biggest mistakes people make when it comes to their Revocable Living Trusts. If you have any questions please feel free to put those questions in the chat and I will answer your questions at the end today. Also if you stick with us to the end then we are going to be offering you a complimentary gift as well, so really excited to have you here, thank you so much for joining me. So lets go ahead and get started. So were talking about Revocable Living Trusts and the biggest mistakes that are made with that very popular Estate Planning

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For a revocable living trust to take effect, it should be funded by transferring certain assets into the trust. Often people fund a living trust with real estate, financial accounts, life insurance, annuity certificates, personal property, business interests, and other assets.
A living trust can help you manage and pass on a variety of assets. However, there are a few asset types that generally shouldnt go in a living trust, including retirement accounts, health savings accounts, life insurance policies, UTMA or UGMA accounts and vehicles.
The biggest downsides of a revocable trust include the following: Your trust assets arent protected from creditors. You may not qualify for needs-based Medicaid coverage for a nursing home because the assets held in trust are still counted as resources when determining benefits eligibility.
The simplest way to make a change to a living trust is with a trust amendment form. A living trust amendment allows you to make changes to an existing trust while keeping the original document active. If you have a joint trust with your spouse, you both must agree to any changes to the trust.
Revocable living trusts have a few key benefits, like avoiding probate, privacy protection and protection in the case of incapacitation. However, revocable living trusts can be expensive, dont have direct tax benefits, and dont protect against creditors.
In the state of California, for instance, you may hold up to $166,250 in assets, property, or accounts outside of a Trust and still avoid Probate. But if you have over $166,250 in your account, you should consider transferring it to your Trust so that your Beneficiary can receive their inheritance outside of Probate.
A beneficiary can renounce their interest from the trust and, upon the consent of other beneficiaries, be allowed to exit. A trustee cannot remove a beneficiary from an irrevocable trust. A grantor can remove a beneficiary from a revocable trust by going back to the trust deed codes that allow for the same.

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