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A living trust in North Carolina (also known as an inter vivos trust) is set up by the grantor, a person placing assets in trust. When you establish a trust like this, your assets will be owned in the name of the trust, but managed for your benefit while you are alive.
One advantage for using a trust is that trusts can be used to begin distributing property before death, at death or even sometime afterwards. That isn't helpful or important in all cases, but it provides a level of flexibility that a will simply can't.
Spouses in North Carolina Inheritance Law If you have no living parents or descendants, your spouse will inherit all of your intestate property. If you die with parents but no descendants, your spouse will inherit half of intestate real estate and the first $100,000 of personal property.
The cost of forming a living trust will depend on how you go about setting it up. If you use an online program to draw up the trust document yourself, you will pay a few hundred dollars or less. You can also choose to hire an attorney, which could end up costing more than $1,000.
A will distributes assets immediately after probate ends. A trust lets you keep assets in the trust if you wish and pass them on at later dates, such as beneficiaries' significant birthdays. Your revocable living trust protects you should you become mentally incapacitated.
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.
Drawbacks of a living trust The most significant disadvantages of trusts include costs of set and administration. Trusts have a complex structure and intricate formation and termination procedures. The trustor hands over control of their assets to trustees.
Deciding between a Will and a Trust depends on your circumstances; there are pros and cons of each. For example, a Trust can be used to avoid probate and reduce Estate Taxes, whereas a Will cannot.
A living trust can avoid probate and help maintain privacy while preserving your assets by avoiding unnecessary fees. A trust gives you control, even after you pass away. A will gives you control of who you leave your assets to, but not how or when they get those assets.
No Asset Protection ? A revocable living trust does not protect assets from the reach of creditors. Administrative Work is Needed ? It takes time and effort to re-title all your assets from individual ownership over to a trust. All assets that are not formally transferred to the trust will have to go through probate.