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Trusts of any kind are never legally required in the state of Alabama or anywhere else, for that matter. However, its a good idea to create a revocable living trust to add to your will to protect certain assets from the probate court.
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.
If you put things into a trust, provided certain conditions are met, they no longer belong to you. This means that when you die their value normally wont be counted when your Inheritance Tax bill is worked out. Instead, the cash, investments or property belong to the trust.
A perpetual trust is irrevocable. Once the Trust has been set up, and assets have been transferred into the Trust, then the Trustor cannot change their mind. Therefore, an individual setting up a perpetual trust should be careful not to use any property they might need during their lifetime to fund the Trust.
An Alabama living trust changes the ownership of your property during your lifetime. As part of your estate planning, you transfer property to the trust which then owns it until your death, when it is distributed to the people you choose. A living trust is popular because they are an alternative to probate.
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Put simply, when you have a living trust in Alabama, any assets within the account will altogether bypass probate court and go straight to the named beneficiary.
Trust beneficiaries must pay taxes on income and other distributions that they receive from the trust. Trust beneficiaries dont have to pay taxes on returned principal from the trusts assets. IRS forms K-1 and 1041 are required for filing tax returns that receive trust disbursements.
If you have no will, it passes via the Alabama intestacy laws. When you create a living trust in Alabama, you pass your property outside of probate. This means there is no court process and no public record of what is in your trust or who you are giving it to, which can provide you and your beneficiaries with privacy.
How long can a trust last? The length of a trust is determined by the rule against perpetuities. In Alabama, a trust may last for a life in being plus 21 years, For example, if a grantor has three children and 5 grandchildren the trust must terminate 21 years after the last of them dies.
In the state of Alabama, if you dont have a trust when you pass away, your entire estate will pass through your will. If you dont have a will, its referred to as dying intestate. When you pass away without a will, your assets will have to go through the Alabama intestate succession laws.

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