The Pros and Cons of Living Trusts in Estate Planning

Estate planning is an important process that can help ensure that your assets are distributed according to your wishes after you pass away. One option for estate planning is a living trust. A living trust is a legal document that can be used to transfer your assets to your beneficiaries while you are still alive. Here are some pros and cons of living trusts to consider when deciding whether or not to include one in your estate plan.

Pros of Living Trusts

1. Avoidance of Probate

One of the main benefits of a living trust is that it allows your assets to avoid probate. Probate is a legal process that can be expensive and time-consuming. A living trust can help your beneficiaries receive their inheritance more quickly and with fewer complications.

2. Flexibility

A living trust can be customized to fit your specific needs. You can create a revocable living trust, which allows you to make changes to the trust while you are still alive. You can also create an irrevocable living trust, which cannot be changed once it is created. This flexibility can be helpful in ensuring that your assets are distributed according to your wishes.

3. Privacy

Another benefit of a living trust is that it can be kept private. Probate proceedings are a matter of public record, which means that anyone can access information about your estate. A living trust can help keep your financial affairs private.

Cons of Living Trusts

1. Cost

Creating a living trust can be more expensive than creating a will. However, the cost is in most cases well be worth it because it can help your loved ones avoid the costs and burdens of court proceedings should you become incapacitated or upon your death.

2. A Bit More Effort to Establish.

Creating a living trust involves more than just signing documents. You will need to transfer ownership of your assets to the trust.

In conclusion, a living trust can be a useful tool in estate planning. It can help your beneficiaries avoid the costs and delays associated with probate, provide flexibility in your estate plan, and keep your financial affairs private. Consult with an estate planning attorney to determine if a living trust is right for you.

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Timothy P. Murphy

Timothy P. Murphy is an estate planning and elder law attorney whose practice emphasizes helping people to build, preserve and pass on their wealth. He works with his clients to accomplish their goals while avoiding unnecessary court proceedings and minimizing or eliminating exposure to death taxes.

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