Wills vs. Trusts - What's the Difference?

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John Davidson
Wills vs. Trusts - What's the Difference?

A will is a legal document that spells out how you want your affairs handled and assets distributed after you die. A trust is a fiduciary relationship in which a trustor gives a trustee the right to hold title to property or assets for the benefit of a third party.

  1. What is the advantage of a trust over a will?
  2. What are the disadvantages of a trust?
  3. Does a will override a trust?
  4. What should you not put in a living trust?
  5. What you should never put in your will?
  6. Who needs a trust instead of a will?
  7. Should I put my bank accounts in my trust?
  8. Should I put my house in a trust?
  9. Who benefits from a trust?

What is the advantage of a trust over a will?

Another advantage of a trust is that it gives you more control over the distribution of your assets than a will does. With a will, if the person to inherit property is a minor, the probate court must name a conservator to manage the money until the minor reaches 18.

What are the disadvantages of a trust?

Drawbacks of a Living Trust

  • Paperwork. Setting up a living trust isn't difficult or expensive, but it requires some paperwork. ...
  • Record Keeping. After a revocable living trust is created, little day-to-day record keeping is required. ...
  • Transfer Taxes. ...
  • Difficulty Refinancing Trust Property. ...
  • No Cutoff of Creditors' Claims.

Does a will override a trust?

A will and a trust are separate legal documents that typically share a common goal of facilitating a unified estate plan. ... Since revocable trusts become operative before the will takes effect at death, the trust takes precedence over the will, when there are discrepancies between the two.

What should you not put in a living trust?

Assets You Should NOT Put In a Living Trust

  • The process of funding your living trust by transferring your assets to the trustee is an important part of what helps your loved ones avoid probate court in the event of your death or incapacity. ...
  • Qualified retirement accounts such as 401(k)s, 403(b)s, IRAs, and annuities, should not be put in a living trust.

What you should never put in your will?

You shouldn't include in your will any type of property on this list:

  • Money in a pay-on-death bank account. ...
  • Property held in beneficiary (transfer-on-death or TOD) form. ...
  • Proceeds of a life insurance or annuity policy for which you've named a beneficiary.

Who needs a trust instead of a will?

A revocable living trust can help solve many of these problems. Using a revocable living trust instead of a will means assets owned by your trust will bypass probate and flow to your heirs as you've outlined in the trust documents. A trust lets investors have control over their assets long after they pass away.

Should I put my bank accounts in my trust?

When Should You Put a Bank Account into a Trust? ... More specifically, you can hold up to $166,250 of real or personal property outside a trust and avoid full probate in California. However, if you have more than $166,250 in a bank account, you should consider transferring it into your trust.

Should I put my house in a trust?

A trust will spare your loved ones from the probate process when you pass away. Putting your house in a trust will save your children or spouse from the hefty fee of probate costs, which can be up to 3% of your asset's value. ... Any high-dollar assets you own should be added to a trust, including: Patents and copyrights.

Who benefits from a trust?

Trusts have many varied uses and benefits, primary among them: 1) ongoing professional management of assets; 2) reduction of tax liabilities and probate costs; 3) keeping assets out of a surviving spouse's estate while providing income for life; 4) care for special needs individuals; 4) protecting individuals from poor ...


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