Living Trust for Individual Who is Single, Divorced or Widow (or Widower) with Children - Michigan 2025

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Under typical circumstances, the surviving spouse would become the sole trustee after the death of one spouse. The surviving spouse would control the shared property, and the personal property of the deceased spouse would be distributed to the beneficiaries.
Disadvantages of Trust Funds Costs: Setting up and maintaining a trust can be expensive. Loss of Control: Some trusts mean giving up control over your assets. Time and Compliance: Maintaining a trust requires time and adhering to legal requirements. Tax Implications: Trusts can sometimes face higher income tax rates.
Trust is preferable over a Will because the assets that are in the Trust are non-public assets. Example: If you take your house and you transfer it into the Trust and your parents passed away, then you dont have to open an estate to transfer the asset, and it remains confidential.
Lack of Court Supervision Bypassing probate is a key advantage of trusts, but it comes with the downside of limited court supervision. In probate, the court ensures that assets are distributed ing to the will, providing oversight. With a trust, there is no automatic judicial review.
Selecting the wrong trustee is easily the biggest blunder parents can make when setting up a trust fund. As estate planning attorneys, weve seen first-hand how this critical error undermines so many parents good intentions.
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No state law in Michigan prevents you from drafting your own living trust document. But, the document must meet the states requirements to be legally enforceable.
Michigan law has specific rules for establishing a trust. To create a trust, you must be at least 18 years old and mentally competent. This means you must be of sound mind, understanding the nature of your property, the identity of your family and friends, and the purpose of the trust you are creating.

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