Advertising
Advertising

Should You Have A Will Or A Living Trust?

Should You Have A Will Or A Living Trust?

Estate planning can be confusing. You have a multitude of options for how your assets should be handled in the event of your death. While a will is a route most people take for directing their assets after death, there are times where having a living trust is more beneficial.

What is a Will?

A will is a legal document. It contains a plan regarding the distribution of your assets should you pass away. Essentially, it allows you to have some final input into how your estate should be managed, even if you cannot make the said changes yourself.

Advertising

Your will includes a designated executor. An executor is a person you select to help distribute your assets as set forth in your will. The executor has no say in regards to the management of your assets until your death. Upon your death, your estate goes through probate. During these court proceedings, your assets are distributed according to the executor’s instructions as the representative of your will.

What is a Living Trust?

A living trust is also a legal document that places all of your assets into a trust. The trust functions, with you designated as the trustee, until your death or a point where you become mentally incapacitated.

Advertising

Prior to your death, you have full rights to manage the assets held in the trust as you see fit, conversely you are not the legal owner of the items. Instead, the trust is the legal owner. You simply maintain the legal right to manage the assets that the trust owns. Instead of designating an executor to manage the distribution of your assets, you select a successor trustee to assume control of the trust should you no longer be able to manage the assets.

Which is Right for You?

To help you decide which option is right for you, there are a few considerations that need to be made. According to Steve Bliss, a probate and estate planning attorney, one benefit of using a living will is it can keep everything out of Probate Court.

Advertising

Ordinarily, your trustee successor is allowed to take immediate control of the trust should you become incapacitated, or if you pass away. This allows assets to be distributed more quickly, as court proceedings are not necessary. Nevertheless, a living trust can also help you maintain a level of privacy. As part of probate proceedings, your will is submitted to the court to open probate. At that point, your will becomes public record. This means that it can be read by anyone who requests it, allowing them to verify what you left and to whom you left it. Trust documents can only be viewed by beneficiaries or heirs, depending on the laws governing the process in each state. Accordingly, the only way the information becomes public record is if a lawsuit is filed regarding the document’s validity.

While a will only takes effect upon your death, a living trust can be enacted should you become incapable of managing the trust. Notwithstanding, this can include instances of mental illness, as well as medical conditions that render you unable to manage the assets, such as a prolonged coma. While the assets within the trust would not be distributed until your actual death, the successor trustee can take over the management of the assets immediately.

Advertising

Does Having a Living Trust Mean You Don’t Need a Will?

Whether you would need a will and a living trust depends on a few variables. For example, if you own other assets that are not put into the trust, you may want a will to manage how those are distributed upon your death.

Additionally, many states require that issues regarding the custody of any children to be addressed in a will, and not a living trust.

How to Decide

Consequently, the best option for you may be simple or you may find it challenging. When in doubt, seek out the assistance of a legal professional who specializes in the area of estate planning and probate.

Moreover, this can allow you to ask questions regarding your specific situation and determine which path works best to meet your needs.

More by this author

record player and mac Streaming or Downloading: Which Is the Best Use of Your Mobile Data? person on laptop Not Using a Digital Marketing Strategy? Here’s Why You’re Missing Out 2 men grappling Interested in Martial Arts? You’ll Need Gear Want to Improve Your Fitness? Consider Martial Arts wrapped present How to Select a Great Gift for Anyone and for Any Occasion

Trending in Budget Site

1 10 Best Online Shopping Sites I Wish I Knew Earlier 2 10 Amazon Review Sites That Will Get You Really Good Deals 3 12 Ways to Make Moving Cheaper and Easier 4 10 Life-Changing Skills You Can Learn Online Without Going Broke 5 Should You Have A Will Or A Living Trust?

Read Next

Advertising
Advertising
Advertising

Last Updated on March 29, 2021

Life Insurance: A Secure Way To Protect Your Future.

Life Insurance: A Secure Way To Protect Your Future.

Life is a journey full of ups and downs. No one can actually predict what might happen the next moment; there are times where the happiest moments do not even take a second to turn into the gravest. Planning for your future can help you face such unwelcomed but irrepressible situations with much ease. We all want to make every memorable event of our life more special and to cherish all those moments happily and worry less, you must financially plan your future. But no one has control over life and death. Who would wish to see his family suffer in his absence? Insurance hands over the financial jeopardy of life’s happenings to an insurance company.

Importance of getting a life insurance

No one has control over life and death. Nobody would like to see their family suffering in an absence, and that’s why many people recommend life insurance. A life insurance plan is one of the best ways to secure the future of your family, even against those financial troubles after an untimely demise. These plans are safe and credible, and you could trust them for your family’s better future.

Advertising

On the other hand, a life insurance policy is a contract between a company (insurance provider) and policyholder in which the insurance provider ensures to pay a certain amount of money to the nominated beneficiary in case of the policyholder’s death during the term of the agreement. There are different types of insurance plans, and it is important for you to know the benefits of those plans such as a funeral, medical or some life expenses provided they are mentioned in the agreement.

Choosing the right insurance plan

If you’re about to select an insurance plan, you should consider some important factors:

Advertising

  • The time at which you start investing in a program and the number of family members you want to get insured. Obviously, a married man with two children has different needs compared to a single one. The number of persons who are dependent on an individual also varies from person to person.
  • The next thing you need to consider is you and your family needs. What are your child’s dream, your retirement plans, for how long would your dependents need financial support, any personal injury, etc. And do not forget those events or situations that will surely demand a huge sum of money.
  • The next thing one must consider is your current income. You should preferably choose a plan which you can afford.

Now you must be having a pretty clear idea of how to choose the best plan for you. Further, you should also compare various plans offered by different companies and numerous sites available online that help will you to compare them.

Differences between life insurance plans

Here’s a short brief of some plan categories you can choose according to your needs:

Advertising

  • Term Insurance Plan – You have to pay once, and your nominee gets the paid money under your misfortune demise. It ensures a person for a fixed time. If you survive the policy period, you do not get your premiums back.
  • Whole Life Policy – This plan continues for your lifetime. Under this, the policyholder has to pay regular premiums, until their death.
  • Endowment Policy –  In case the individual dies during the tenure, the beneficiary gets the amount assured. If the person survives the policy tenure, they gets back the premiums paid with other investment returns along with several other benefits.
  • Money Back Policy – In this a portion of the money invested is returned to the investor at regular intervals. If you survive the insurance term you get the entire amount back; else the beneficiary receives the entire sum assured.
  • ULIPs – These are the life insurance plans that offer you future security plus wealth creation options.

Many people do not opt for whole life policy and endowment policy because of the high amount of money you need to pay, while others may prefer to opt for these if they have a high life expectancy. Surely you will find the best one for you.

So what are you waiting for? Plan for your future and live a happier and carefree life today.

Advertising

Featured photo credit: aryehsampson.com via aryehsampson.com

Read Next