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CONTACT US Revocable
Living Trust Advantages
- You see your trust work.
- If you are
not your own trustee, you observe the trustee in action.
- You
avoid probate and the trust can be used to avoid ancillary probate - that is probate
of property in another state.
- You
avoid the attendant publicity of probate.
- You
will probably save your estate a substantial amount of fees and costs.
- You
can provide for uninterrupted management in case of incapacity.
- You
can avoid interruption of management at death.
- It's
a good way to pass property to charity and save taxes at death.
- You
can change your mind.
Disadvantages
- Initial cost and trouble
of setup. Property must be transferred to the trust.
- It
slightly complicates subsequent dealings with the property.
- It
may require payment of an annual trustee's fee if someone beside yourself is trustee.
- At time of
termination, there may be fees.
- There
are no immediate tax advantages.
Irrevocable
Living Trust Advantages
- You see your trust work.
- You observe
your trustee in action.
- You
avoid probate and court costs.
- You
probably will save some fees.
- It
is a good way to pass property to charity.
- You
save any taxes there may be on the property going to charity upon your death.
- With irrevocable
charitable remainder trusts, created while you are living, you can get an income
tax deduction during your life.
- You
may save taxes on capital gains on property placed in a charitable remainder trust.
Disadvantages
- Property
must be transferred, so there is initial cost and energy in setting up the trust.
- You lose all
control over the property with most irrevocable trusts.
- It
requires annual fiduciary accounting and possible tax returns.
- It
may require payment of annual trustee fees.
- There
may be fees at the time of trust termination.
- You
can't change your mind and get the property back.
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list Please
note, individual financial circumstances will vary. The information on this site
does not constitute legal or tax advice. As with all tax and estate planning,
please consult your attorney or estate specialist. All material
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Revised: December 6, 2002 22:32. |