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The document is a Revocable Living Trust Agreement created under South Dakota law, outlining the establishment of a trust by the Trustor for the management and distribution of assets during their lifetime and after death. It details the roles of the Trustor, Trustee, and beneficiaries, specifies trustee powers, asset management, and provisions for incapacity and death. The agreement allows for amendments and revocation by the Trustor while ensuring fiduciary responsibilities are upheld by the Trustee.

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What is the average fee for a living trust?

The average fee for creating a revocable living trust ranges from $1,500 to $3,000 nationwide, although it is usually much higher in California where costs can escalate to $5,000 to $10,000 or more. These fees often reflect the lawyers experience and expertise.

What assets should not be placed in a revocable trust?

The assets you cannot put into a trust include the following: Medical savings accounts (MSAs) Health savings accounts (HSAs) Retirement assets: 403(b)s, 401(k)s, IRAs. Any assets that are held outside of the United States. Cash. Vehicles.

Is setting up a trust in South Dakota worth it?

South Dakotas trust laws provide a significant advantage in terms of flexibility and control. Even if your trust is irrevocable, you can make modifications. The state also allows for easy decanting (moving assets from one trust to another) for trust issues that cannot be resolved through non-judicial modification.

What is the primary purpose of a living trust?

Like a Will and a testamentary trust, a Living Trust lets you decide specifically what will happen to your property after you die. You can also use a trust to control how your beneficiaries will spend their inheritance (to reduce the risk they may blow it on expensive vacations, cars, gambling, etc.).

How do trusts work in South Dakota?

Living trusts in South Dakota The assets in the trust will be managed for your benefit during your life by the trustee. You can select anyone you wish to be your trustee, but most people simply select themselves. If you choose yourself, you will also need a successor trustee who can take over after your death.

What are reasons to not have a trust?

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.

What is the downside of a living trust?

Individuals may find it challenging to keep up with the constant updates and changes required, leading to potential confusion and complications down the line. Another aspect that draws complaints is the impact of transfer taxes and the need for refinancing when assets are transferred into a living trust.

What are the disadvantages of putting your home in a trust?

Disadvantages of putting a house in trust Expense. Creating and maintaining a trust is typically more expensive than creating a will. Loss of control. If you create an irrevocable trust, you typically cannot change the terms of the trust or change the beneficiaries. Other assets may still be subject to probate.

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