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Letters testamentary are documents that a probate court delivers to the executor of the deceaseds estate to enforce the terms of the deceased persons will. A court can issue letters testamentary only to persons who are chosen as an executor in a will.
One of the biggest advantages of trusts is that they prevent your family from having to undergo the lengthy and costly process of probate at the time of your passing. However, they are initially a larger investment and require more information at the planning stage than a last will.
The trust can also be used to reduce estate tax liabilities and ensure professional management of the assets. A disadvantage of a testamentary trust is that it does not avoid probatethe legal process of distributing assets through the court.
Letters testamentary and letters of administration are legal documents issued by the clerk of court that give a person authority to serve as the personal representative of the estate. These letters will often be requested by institutions such as banks or insurance companies during estate administration.
An Inter Vivos Trust is one created by a living person for the benefit of another person. Also known as a living trust, this trust has a duration that is determined at the trusts creation and can entail the distribution of assets to the beneficiary during or after the trustors lifetime.
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Also known as a will trust or a trust under will, a testamentary trust provides for the distribution of an estate into a trust when the person who created the trust dies.
Drawbacks of a living trust The most docHub disadvantages of trusts include costs of set and administration. Trusts have a complex structure and intricate formation and termination procedures. The trustor hands over control of their assets to trustees.
The trust can also be used to reduce estate tax liabilities and ensure professional management of the assets. A disadvantage of a testamentary trust is that it does not avoid probatethe legal process of distributing assets through the court.
Example of a Testamentary Trust at Work Jim has a 3-year-old daughter, Amy, and he wants her to receive his assets after he dies. In his will, he states that he is creating a testamentary trust. He designates his brother, Bob, as the initial trustee and his mother as a successor trustee.
Trusts rely on complex legal documents and processes, so if those documents and processes are not completed or are not up-to-date, the trust itself will inevitably fall short of your goals. Overlooking small details can undermine an otherwise elaborately planned trust.

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