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Benefits of setting up a living trust!

Shawn Smith • Apr 18, 2023

Setting up a living trust is a smart way to protect your assets and ensure they're distributed according to your wishes after you die. A living trust is a legal document that allows you to transfer ownership of your assets to a trust while you're still alive. You continue to control the assets and can change the trust's terms or revoke it altogether at any time. Here are some of the benefits of setting up a living trust:


Avoiding Probate

One of the primary benefits of setting up a living trust is that it can help you avoid the probate process. Probate is a court-supervised process of distributing assets after someone dies. The process can be lengthy, expensive, and public, and it can tie up your assets for months or even years. By transferring ownership of your assets to a trust, you can avoid probate altogether. Your assets will pass directly to your beneficiaries according to the terms of the trust, which can save time, money, and hassle for your loved ones.


Maintaining Privacy

When you die, your will becomes a matter of public record. Anyone can access it and see who your beneficiaries are, how much they're receiving, and other personal details. A living trust, on the other hand, is a private document. The terms of the trust remain confidential, and your assets are distributed without the need for court involvement. This can be especially important if you have sensitive family or financial information that you don't want to become public knowledge.


Protecting Your Assets

A living trust can also help protect your assets from creditors, lawsuits, and other claims. Because the assets are owned by the trust and not by you personally, they may be shielded from creditors or other legal actions. Additionally, if you become incapacitated, the trust can provide for your care and support without the need for a court-appointed guardian.


Ensuring Your Wishes are Followed

Another benefit of setting up a living trust is that it allows you to control how your assets are distributed after you die. You can specify who gets what, when they get it, and under what circumstances. This can be especially important if you have a blended family, minor children, or special needs beneficiaries. By setting up a trust, you can ensure that your wishes are followed and that your assets are distributed in a way that best meets your family's needs.


Saving Money

While there are costs associated with setting up a living trust, it can save you money in the long run. By avoiding probate, you can save on court fees, legal fees, and other expenses. Additionally, because the trust can provide for your care and support if you become incapacitated, you may be able to avoid the need for a guardianship or conservatorship, which can be costly.


In conclusion, setting up a living trust can offer many benefits, including avoiding probate, maintaining privacy, protecting your assets, ensuring your wishes are followed, and saving money. If you're considering setting up a trust, it's important to work with an experienced attorney who can help you navigate the process and ensure that your trust is set up correctly.


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