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Wills provide instructions on how to distribute your assets after you die. Trusts are legal contracts that allow you to transfer your assets, before or after death, to an account to be managed by yourself (if you are still living) or others.
Four Reasons You Dont Need a (Revocable) Trust Probate avoidance is the only goal. While this is an admirable goal, a trust may not be the only way to avoid probate. You have straightforward wishes. Youre motivated by tax savings or Medicaid eligibility. Youre not great at follow-through.
Disadvantages of Will Trusts If you depend upon a Will Trust, all of the assets fall into one or a number of Trusts on your death. It is important to realise in this case that the tax office treats those as one Trust, meaning that certain tax implications arise.
A living trust offers significant advantages, such as avoiding probate, maintaining privacy and allowing for precise control over asset distribution. On the other hand, wills play a crucial role in naming guardians for minors and can serve as an essential catch-all estate planning document for your intentions.
A will may be the least expensive and most efficient choice for small estates with easily transferred assets and simple bequests. A trust without a will can present problems concerning assets outside the trust that become subject to intestacy laws. Larger and more complex estates may benefit by using both arrangements.
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Probate Avoidance: Living trusts bypass the probate process, resulting in quicker asset distribution and lower associated costs. Wills require probate, which can be time-consuming and expensive.
14 common mistakes to avoid when writing a will The will was incorrectly witnessed. Asking a child or partner to be a witness. Having an out of date will. Making changes to your will after it has been signed. Forgetting Assets. Failing to appoint guardians. Excluding any step-children. Being too specific.
Generally, if your estate is worth more than the federal estate tax exemption amount (currently $12.92 million as of 2023), a trust may be worth consideration as it could help avoid significant estate taxes.

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