You Asked: Why It’s Important To Establish A Living Trust

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Q: My family, friends and business constituents constantly encourage me to prepare a Last Will or a Living Trust. Can you provide me with an understanding of the benefits of each, as they have conflicting opinions about which document is superior? 

A: A sweeping revolution is underway in America to safeguard our families and assets against probate, taxes, creditors, lawsuits, and other life-altering events. This movement prioritizes shielding our aspirations, fears, dreams, and family welfare over personal ambitions. Central to this fundamental transformation is a potent estate planning tool, the “Living Trust.”

Immediate Action Required

The term “Living Trust” might be unfamiliar, but it is a shield for our well-being and our loved ones in situations of incapacity or demise. The looming question: How can we preserve our hard-earned wealth during incapacity and seamlessly transfer assets to heirs upon our passing? Failing to act proactively can lead to the swift dissolution of legacies, causing financial turmoil, heartache, and regrets for you and your cherished ones.

Over the next decade, an unprecedented wealth transfer will transpire, with trillions transitioning between generations due to the retiring baby boomer population. Recognizing the paramount importance of securing their goals, alleviating anxieties, and passing on their aspirations, baby boomers are awakening to the critical role of estate planning. This realization is akin to acknowledging the necessity of owning a car or a computer.

Navigating Turbulence

Uncertainties like disability, divorce, or economic downturns fuel this revolution. Do you wish your legacy dwindled by legal costs from probate, claimed by a stepparent through remarriage, seized by creditors, or given to in-laws? Complex scenarios, like blended families, arise. Balancing inheritances for diverse needs demand meticulous planning. The gamut of such concerns necessitates meticulous estate planning.

Increasingly, seminars and literature clarify estate planning’s benefits, such as probate avoidance and tax reduction. However, consultation with experienced estate planning attorneys can unlock profound advantages.

The Will vs. Intestacy Dilemma

Traditional strategies of “do nothing” or drafting a “Will.” The state steps in, managing your estate called “Intestate.” The legal obstacle known as “Probate” ensues, incurring substantial court and attorney fees, inflicting emotional strain on beneficiaries, and impacting minor children. This public procedure invites claims against your estate from creditors, lawyers, and distant heirs. Furthermore, probate’s duration often spans nine months to two years, adding to the burdens.

The Power of the Living Trust

Estate planning isn’t just about assets but meticulous care. The lifeblood of trust planning drives the “Living Trust.” Though complex, the enduring benefits make it worthwhile.  Though crafting a “Living Trust” is more intricate and time-consuming than a “Will,” the enduring benefits for you and your family make it a worthwhile investment.

Visualize a “Living Trust” as a bridge over obstacles. Imagine it as a “Will” intertwined with a rainbow that originates from you, vaults over challenges, and bestows your loved ones with a treasure trove distributed according to your wishes. This potent thrust has ignited the “Living Trust Revolution.”


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Written by Kristen Jackson

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