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Living Trusts
Advantages and Disadvantages

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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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Please note, individual financial circumstances will vary. As with all tax and estate planning, please consult your attorney or estate specialist.
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Any problems, please contact webmaster. Revised: October 13, 2002 4:29