Two Types of People Who May Benefit From a Living Trust
- By Admin
- •
- 10 Oct, 2017
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A living trust is very different than a will. It is not for everyone, but you may want to consider it if you fit into one of these two categories.

Although both will eventually get the contents of your estate to your beneficiaries, a living trust offers you additional benefits while you are living. A living trust is not for everyone, but you may want to consider it if you fit into one of these two categories.
If You Want to Save Your Family Time and Money
When you die, your estate has to go through probate, a court-supervised distribution of your assets. This allows all of the assets in your estate to be legally distributed to your heirs and beneficiaries, as well as settles the outstanding debt and liabilities that may be against the estate. Unfortunately, this is not always a quick process. The length of time that it takes for your estate to get through probate depends on several factors which include:
- How large your estate is
- How complicated the estate is
- How many heirs or beneficiaries there are
- Where the estate executor or administrator lives in conjunction to the estate
- What state probate is filed in
- If the will is being contested
In addition to this, the court will also have to determine if the estate has any outstanding debt. If so, the court and the estate executor will have to determine which assets will be used to pay this debt. If the estate does not have enough cash to do so, assets will have to be sold before they can be distributed.
All of this takes time. Probate can range from months to years. In addition to this, going through probate can cost your heirs approximately 5% of the value of your estate. When you create a living trust, it will help your estate to avoid having to go through probate. This means that all of your assets will go to your beneficiaries in a much quicker fashion.
If You Want to Remain in Control
A living trust will also allow you to appoint a successor trustee. This is a person who will take over and make decisions for you if you are ever incapacitated due to a physical or mental disability. By being able to do this, you will be able to name the person who you feel will have your best interest in mind and not have to wait for the court to appoint conservatorship.
If you decide that you are one of the many people who would benefit from allowing the Law Offices Of Steve C. Benton to assist you in setting up a living trust, just know that you may need a pour-over will as well. This will allow you to direct anything that you have not turned over to the trust to the proper beneficiaries. You may also need to use this tool in order to name a legal guardian for any children who may still be minors at the time of your death. You will be unable to do this as a part of your living trust.
Call the Law Offices of Steve C. Benton today. We will be happy to help you with setting up your trust, as well as any other estate planning provisions that you would like to put into place.

For one reason or another, you may decide that you wish to disinherit someone you have included in your will. That is your right, no matter what anyone else may think. There are several things to keep in mind when you intend to disinherit someone from your will.

One of the best options for many people is a living trust. You may be familiar with the idea of a trust or will but not sure what exactly a living trust is and if it is the best option for you and your family. Here are a few frequently asked questions you might have about living trusts.

Facing your own mortality can be a difficult challenge for anyone. It may not be particularly pleasant to imagine the world after you've left it, but if you've spent your life working hard to build a strong financial base, it's important that it can be passed on to your loved ones with minimal restrictions and interference.
Unfortunately, there are some common traps that many people fall into when planning their estates. In some cases, those traps may not even reveal themselves until the estate is executed, by which time it's far too late to fix the problem. The best way to minimize those concerns is to take the time to learn about common traps and ways you can avoid them.
Below, you'll find a guide to common estate planning mistakes that you should keep in mind when working with your attorney. Solid estate planning will be a massive relief to your family and interests after you've passed on and will allow you to leave a legacy that you can be truly proud of.

