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Should You Have A Will Or A Living Trust?

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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.

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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.

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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.

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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.

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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.

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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.

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Last Updated on January 5, 2022

33 Painless Ways to Save Money Now

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33 Painless Ways to Save Money Now

In a difficult economy, most of us are looking for ways to put more money in our pockets, but we don’t want to feel like misers. We don’t want to drastically alter our lifestyles either. We want it fast and we want it easy. Small savings can add up and big savings can feel like winning the lottery, just without all of the taxes.

Some easy ways to save money:

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  1. Online rebate sites. Many online sites offer cash back rebates and online coupons as well. MrRebates and Ebates are two I like, but there are many others.
  2. Sign up for customer rewards. Many of your favorite stores offer customer rewards on products you already buy. Take advantage.
  3. Switch to compact fluorescent bulbs. The extra cost up front is worth the energy savings later on.
  4. Turn off power strips and electronic devices when not in use.
  5. Buy a programmable thermostat. Set it to lower the heat or raise the AC when you’re not home.
  6. Make coffee at home. Those lattes and caramel macchiatos add up to quite a bit of dough over the year.
  7. Switch banks. Shop around for better interest rates, lower fees and better customer perks. Don’t forget to look for free online banking and ease of depositing and withdrawing money.
  8. Clip coupons: Saving a couple dollars here and there can start to add up. As long as you’re going to buy the products anyway, why not save money?
  9. Pack your lunch. Bring your lunch to work with you a few days a week, rather than buy it.
  10. Eat at home. We’re busier than ever, but cooking meals at home is healthier and much cheaper than take-out or going out. Plus, with all of the freezer and pre-made options, it’s almost as fast as drive-thru.
  11. Have leftovers night. Save your leftovers from a few meals and have a “leftover dinner.” It’s a free meal!
  12. Buy store brands: Many generic or store brands are actually just as good as name brands and considerably cheaper.
  13. Ditch bottled water. Drink tap water if it’s good quality, buy a filter if it’s not. Get 
      a reusable water bottle and refill it.
    • Avoid vending machines: The items are usually over-priced.
    • Take in a matinee. Afternoon movie showings are cheaper than evening times.
    • Re-examine your cable bill. Cancel extra cable or satellite channels you don’t watch. Watch the “on demand” movie purchases too.
    • Use online bill pay. Most banks offer free online bill paying. Save on stamps and checks, and avoid late fees by automating bill payment.
    • Buy frequently used items in bulk. You get a lower per item price and eliminate extra trips to the store later on.
    • Fully utilize the library. Borrowing books is much cheaper than buying them, but in addition to books, most local libraries now lend movies and games.
    • Cancel magazine/newspaper subscriptions: Re-evaluate your subscriptions. Cancel those you don’t read and consider reading some of the other publications online.
    • Get rid of your land-line. Do you really need a land-line anymore if everyone in the family has a cell phone? Alternatively, look into using VOIP or getting a cheaper plan.
    • Better fuel efficiency. Check the air pressure in your tires, keep up with proper auto maintenance, and slow down. Driving even 5MPH slower will result in better fuel mileage.
    • Increase your deductibles. Increasing the insurance deductibles on your homeowners and auto insurance policies lowers premiums significantly. Just make sure you choose a deductible that you can afford should an emergency happen.
    • Choose lunch over dinner. If you do want to dine out occasionally, go at lunchtime rather than dinnertime. Lunch prices are usually cheaper.
    • Buy used:  Whether it’s something small like a vintage dress or a video game or something big like a car or furniture, consider buying it used. You can often get “nearly new” for a fraction of the cost.
    • Stick to the list. Make a list before you go shopping and don’t buy anything that’s not on the list unless it’s a once in a lifetime, killer deal.
    • Tame the impulse. Use a self-enforced waiting period whenever you’re tempted to make an unplanned purchase. Wait for a week and see if you still want the item.
    • Don’t be afraid to ask. Ask to have fees waived, ask for a discount, ask for a lower interest rate on your credit card.
    • Repair rather than replace. You can find directions on how to fix almost anything on the internet. Do your homework, and then bring out your inner handyman.
    • Trade with your neighbors. Borrow tools or equipment that you use infrequently and swap things like babysitting with your neighbors.
    • Swap online. Use sites like PaperBack Swap to trade books, music, and movies with others online. Also, look for local community sites like Freecycle where people give away items they no longer need.
    • Cut back on the meat. Try eating a one or two meatless meals every week or cut back on the meat portions. Meat is usually the most expensive part of the meal.
    • Comparison shop: Get in the habit of checking prices before you buy. See if you can get a better price at another store or look online.

    Remember that saving money is not about being cheap or stingy; it’s about putting money into your bank account rather than giving it to someone else. There are many ways to save money, some you’ve never thought of, and some that won’t appeal or apply to you. Just pick a few of the ideas that sound doable and watch the savings add up. Save big, save small, but save wherever you can.

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    Featured photo credit: Damir Spanic via unsplash.com

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