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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.
You get the full benefits while you are alive, and your successor trustee can manage your property for you if you become incapacitated. If properly funded, a living trust also lets you pass your property to your loved ones (or charities) after your death without having to go to probate.
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.
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.).
Revocable trusts offer some advantages. A trustee could invest your assets, arrange for payment of bills and debts, and file your tax returns. If you wish, you can establish yourself as a co-trustee. Second, a revocable living trust can protect your privacy regarding the distribution of your assets.
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