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Trusts, particularly revocable living trusts in Tennessee, offer several advantages over wills. For starters, they bypass the probate process, saving time and money.
Assets in a living trust skip probate, allowing your heirs to receive them faster. Privacy: A will becomes public record during the probate process. Trusts remain private, which can be attractive to those who want to protect the identity of their heirs and the details of their property.
Flexibility and control: Trusts provide more flexibility and control than wills. A will declares who you want to receive specific assets, and you have limited control over when the beneficiary receives them due to the probate process.
A Trust will bypass the probate process, saving the people you love time and money. To carry out instructions in a Will, a probate must be opened in the county court of Tennessee and that means your family is stuck dealing with the Court if you get hospitalized or after you die.
One of the disadvantages of a credit shelter trust is that it does not give the surviving spouse immediate access or full control over the trust assets. Instead, the spouse can generally receive income from the trust and may be allowed to use the trust principal to pay for health, education, and maintenance as needed.
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When the surviving spouse dies, any remaining principal can be distributed to children or remain in trust for their benefit, as you direct. Even though the surviving spouse has access to income (and principal, if needed), the assets in the credit shelter trust are not considered part of the survivors taxable estate.
A revocable living trust in Tennessee is a comfortable option for estate planning. It allows you to change or cancel the trust at any moment. The main benefits of a Tennessee revocable trust are maintaining estate privacy and avoiding probate.
One such drawback is their irrevocable nature; once established, the terms are generally set and cannot be easily altered. The surviving spouses estate may also be subject to increased estate taxes upon their death, depending on the trusts structure and the value of the assets.

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