Steve Hornstein

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Benefits of a Living Trust

  • Inexpensive, easy to set up and maintain
  • Avoid probate at death, -includes multiple probates if you own property in other states
  • Assets controlled by the trust, nothing for probate courts to administer
  • Prevents court control of assets should you become incapacitated
  • Brings all your assets together under one plan
  • Provides maximum privacy
  • Quicker distribution of assets to beneficiaries
  • Assets can remain in trust until you want beneficiaries to inherit them
  • Can reduce or eliminate estate taxes
  • Can be changed or cancelled at any time
  • Difficult to contest
  • Prevents court control of minors’ inheritances
  • Can protect dependents with special needs
  • Prevents unintentional disinheriting and other problems of joint ownership
  • Professional management with corporate trustee
  • Peace of mind

Why Do I Need Living Trust?

A Will may not be the best plan for you and your family, primarily because a Will does not avoid probate, a legal process. A Will must be verified by the probate court before it can be enforced. A Will can only go into effect after you die, it provides no protection if you become physically or mentally incapacitated.

A Court could easily take control of your assets before you die – a concern of millions of older Americans and their families. Fortunately, there is a simple and proven alternative to a will – a Revocable Living Trust. It avoids probate, and lets you keep control of your assets while you are living – even if you become incapacitated – and after you die.

What is Probate?

Probate is the legal process through which the court “proves a will”? If you haven’t prepared your own Will, the Court will look to the default Will in the probate code and the Court will probate that Will as your Will.

With a Will, anybody who owns assets or real estate valued at $100,000 or more is generally required to go through probate before their assets can be transferred. The probate process can be expensive and time consuming. The main expenses are probate attorney, executor, appraisal, and court filing fees.

The fees generally range from 4% t0 10% of the entire value of your estate, and depending upon the complexity of the estate, can take a minimum of four months to as long as two years or more to complete. Probate can become a tremendous time and financial burden for your loved ones.

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