As we age, there are two primary things that you should think about. One of them is retirement. Having the required retirement savings and financial plan is going to allow you to live the type of life you want to live throughout your later years. The second thing to consider for is what is going to happen to your estate. Estate planning isn’t just for the wealthy and having a plan in place to pass your assets on is going to make the process more streamlined for you and your loved ones in your later years. So the question isn’t if you need an estate plan, but what type of estate planning you require. In this post, we’ll examine the revocable living trust, how they work, and the reasoning you may want to think about one as you begin planning your estate. A financial planner can assist you with living trusts and other estate planning matters.
Definition of a Revocable Living Trust
Primarily, a revocable living trust, also called a revocable trust, is written documentation that establishes how your assets are going to be managed after you pass away. Assets may comprise of real estate, valuable belongings, financial institutional accounts and holdings. Like all living trusts, it gets created it throughout your lifetime. (Additionally, there are testamentary trusts, that don’t take effect until after your passing.) Assets you put inside the trust then get transferred to your appointed beneficiaries when you pass away. The thing that makes a revocable living trust different is that you are able to modify or revoke the requirements at any time. Therefore, the terminology “revocable” in its name. Prior to getting into more detail the reasoning you should or should not acquire a revocable living trust, there are some terms you should comprehend. (You should also familiarize yourself with the basics of how they work.) Additionally, know that the precise laws that govern trusts differ from state to state. The laws in Arizona or Florida are not going be same like those in Oregon or Michigan. The individual that creates the trust is the trust maker. You are also going to see the terminology trustor and grantor. All 3 terms are in reference to the same individual. Usually, the trust maker of a revocable living trust will also be the trustee. The trustee is the individual that controls management of a trust – like retaining a record of income and tax returns. One thing that that needs to be done in your trust documentation is appointing a successor trustee. This is the individual that is going to manage the trust when you can’t any longer. The last term to be familiar with is beneficiaries. These are the individuals, associations or other entities that are going to acquire assets from your trust following your passing.
The Process of Creating a Revocable Living Trust
When you believe a revocable living trust is appropriate for you, prepare yourself. You are going to have to do a lot of the work up-front so that the distribution of your estate is easier in the future. Begin by inventorying of your assets. Following that, consider who you want to bequeath your assets to and who you may appoint as trustee. After the the document is created, transfer any property you wish covered in the trust. For many items, you just have to list the asset. For others, you will be required to get a hold of financial institutional, insurance companies and transfer agencies to update beneficiaries, issuance of new investment documents, retitle vehicles, and sign newer deeds. You are going to also want to set up a “pour-over” will, in which adds un-funded or un-allocated assets to the trust.
Revocable Versus Irrevocable Living Trusts
When you are thinking about trusts, you are also going to hear about irrevocable living trusts. To choose which one is better suited for you, let us detail what distinguishes those 2 kinds of trusts. One big advantage of revocable living trusts is that they are revocable. As mentioned before, this means you may modify or even nullify the trust when you wish and how you wish. You can continue as the trustee and so you’ll have the capability to make any and every decision as you please. When you decide that you don’t want to give assets to a particular beneficiary any longer, you are able to withdraw that beneficiary. This type of trust is the opposite of an irrevocable living trust. With irrevocable living trusts, you can’t alter or dissolve the trust without approval from everyone appointed in the trust. When you wish to take out a beneficiary from an irrevocable trust, that beneficiary is required to agree, then sign off. The reason for this unyieldingness is that once the trust maker signs the documentation for an irrevocable living trust, they remove all ownership rights to the assets. One other important variance between revocable and irrevocable trusts has to do with taxes. The assets in revocable trusts are still yours and you are going to pay taxes as a result. That will comprises of income taxes, inheritance taxes and/or estate taxes. Actually, your revocable trust is going to have the same Social Security number as yours. The effect is any income from assets in the trust are going to go on your individual income return. With irrevocable trusts, the assets aren’t yours any longer. They belong to the trust and every taxes that apply to the trust itself. One technical thing to take note of is that after a trust maker passes away, their revocable trust becomes irrevocable. The trust maker no longer can alter a trust.
Source:
-
Smith, L. (2021, January 20). Revocable living trusts: What they are and how they work. Retrieved May 04, 2021, from https://smartasset.com/retirement/what-is-a-revocable-living-trust
Need an Affordable Living Trust Lawyer in Scottsdale?
Moshier Law should be your choice when you need the best will lawyer in Scottsdale. An experienced family law attorney will work with you to obtain the best possible outcome in your situation. We advocate for our clients so they have the brightest future possible. Give us a call today at 480-999-0800 for a free consultation.
Divorce and Family Law
When a case demands litigation, you’ll have the benefit of 19 years of litigation experience in California and Arizona. But when a case demands collaborative law or mediation, you’ll know every option.
