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Setting Up a Living Trust |
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Written by Jennifer Thompson
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First of all, what exactly is a living trust, and why would someone
want one? According to Suze Orman (www.suzeorman.com),
"A trust
is a device that allows you to transfer legal title of your property
to
another person (or to yourself as trustee) to hold for the benefit
of yet another person (beneficiary) in the cheapest and most
effective way."
The benefit of having a trust as opposed to a will?
"A
trust gives the trustee the legal authority to distribute assets
immediately to
the beneficiaries based on the terms of the trust. No court is
involved. No public notice of death is required as it is with
a will. All that
is required is a death certificate and a trust document that describes
how things are to be distributed through the trust. Because a trust
bypasses the court system, or probate, there are no fees, and there
is no public record of the value of your estate, protecting your
privacy." (see
this page for much more information)
I write this article because
my husband and I are in the process of setting up a living trust
for ourselves, and I thought writing
about the experience might inspire others to try
and take charge of their finances as well. We met with a woman
who
asked us
all kinds of questions about mainly money and guardianship issues,
and we were required to gather together copies of nearly everything
that shows we are worth money - bank statements, the deed to
the house, pink slips for the cars, retirement account statements,
life insurance,
and so on. If you can't easily put your hands on all of these
papers,
I suggest taking care of that now, regardless of whether or not
you ever set up a trust. In the case of your death people need
to be
able to find these documents. It's especially important for
families to get things in order, in case both parents are killed
and a guardian
needs to step in and start sorting out financial issues in addition
to taking over care of your child(ren).
The next thing we need to do before our trust can be executed
is write in our own handwriting a list of things that go directly
to certain
people
(namely family members) in the event that my husband and I are
both killed at the same time. We need to look around our house
and imagine
that an estate sale is going to be held. What things should absolutely
not be sold? And to whom should they go? This is what we need
to write out. We also need to write out instructions for after
our
deaths -
cremation versus burial, and such.
In a few weeks we execute our trust. The woman we have hired
will be doing the paperwork to name our trust as beneficiary
for all
of our
policies that have beneficiaries designated.
It has been a lot to think about, and stressful for me to gather
all of my paperwork together, but I feel good about taking responsibility
for these matters. More importantly, it's good to know that in
the very unlikely event that something were to happen to both
me and
my
husband, our daughter is provided for.
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