A Homeowner’s Perspective: Why I Chose a Living Trust for My Estate
Owning a home is often seen as a milestone achievement. It's a place filled with memories, security, and, often, a significant portion of one's net worth. So, when it comes to safeguarding this valuable asset for future generations, where should you turn? One excellent option is a revocable living trust.
What is a Revocable Living Trust?
A revocable living trust is a legal entity that holds and manages assets for your benefit during your lifetime and provides for the transfer of these assets to beneficiaries upon your death – all without the need for probate. As the name suggests, this type of trust is "revocable," which means you, called the trustmaker or settlor or grantor, can modify or dissolve it anytime while you're alive and mentally competent.
Key Benefits of Placing Your Home in a Revocable Living Trust
Avoiding Probate: One of the main advantages of a revocable living trust is bypassing the often lengthy and expensive probate process. Probate is a public, court-supervised process to transfer assets from the deceased to their rightful heirs or beneficiaries. By holding your home in a trust, you ensure a seamless transition to your named beneficiaries without the hassles or delays of probate.
Maintaining Privacy: Unlike wills, which become public records once they enter the probate process, trusts operate privately. That means the terms of your trust and details about your assets (including your home) remain confidential.
Flexibility: Remember, a revocable living trust is just that – revocable. So, if your circumstances or wishes change, you can amend the trust, sell the property, or even remove it from the trust altogether.
Protection in Cases of Incapacity: A crucial aspect often overlooked is the protection offered if you become mentally incapacitated. Without a proper plan, the courts might appoint a conservator to oversee your affairs. With a revocable trust, the successor trustee (a person you've chosen) can step in and manage your assets, including your home, without court intervention.
Continuity: Homes often have ongoing obligations – mortgage payments, taxes, maintenance, and more. A smooth transition to a successor trustee ensures that there's no disruption in addressing these responsibilities.
I Can Help
I create revocable living trusts for my clients frequently. Take the first step towards peace of mind by booking a Peace of Mind Planning Session with Attorney Candice McPhillips. This is a 1-hour Zoom meeting where we will review your questionnaire, answer your questions, and present my flat fee packages! If we decide we’re a good fit to work together, we’ll take next steps. And if not, that’s fine too! Book your Peace of Mind Planning Session HERE. Mention this blog and I’ll waive the $450 session fee!
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This article is not intended to provide legal advice or opinion and should not be relied on as such. Legal advice can only be provided to clients of McPhillips Law in response to a specific fact situation.
