Will In Trust Vs Living Trust

State:
Oregon
Control #:
OR-E0178
Format:
Word; 
Rich Text
Instant download

Description

This form is a living trust form prepared for your state. A living trust is a trust established during a person's lifetime in which a person's assets and property are placed within the trust, usually for the purpose of estate planning. The trust then owns and manages the property held by the trust through a trustee for the benefit of named beneficiary, usually the creator of the trust (settlor). The settlor, trustee and beneficiary may all be the same person. In this way, a person may set up a trust with his or her own assets and maintain complete control and management of the assets by acting as his or her own trustee. Upon the death of the person who created the trust, the property of the trust does not go through probate proceedings, but rather passes according to provisions of the trust as set up by the creator of the trust.
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  • Preview Living Trust for Husband and Wife with Minor and or Adult Children
  • Preview Living Trust for Husband and Wife with Minor and or Adult Children
  • Preview Living Trust for Husband and Wife with Minor and or Adult Children
  • Preview Living Trust for Husband and Wife with Minor and or Adult Children
  • Preview Living Trust for Husband and Wife with Minor and or Adult Children
  • Preview Living Trust for Husband and Wife with Minor and or Adult Children
  • Preview Living Trust for Husband and Wife with Minor and or Adult Children
  • Preview Living Trust for Husband and Wife with Minor and or Adult Children
  • Preview Living Trust for Husband and Wife with Minor and or Adult Children
  • Preview Living Trust for Husband and Wife with Minor and or Adult Children
  • Preview Living Trust for Husband and Wife with Minor and or Adult Children

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FAQ

A living trust, unlike a will, can keep your assets out of probate proceedings. A trustor names a trustee to manage the assets of the trust indefinitely. Wills name an executor to manage the assets of the probate estate only until probate closes. Trusts tend to be more expensive and more complex to maintain than wills.

Disadvantages of a Living Trust Limitations on transfers. Once you move your assets into a trust, you must follow the trust document's instructions on assignments. ... No tax avoidance. For the most part, you are unable to completely avoid paying taxes on living trusts. ... Increased contesting period.

Like a Will and a testamentary trust, a Living Trust lets you decide specifically what will happen to your property after you die. You can also use a trust to control how your beneficiaries will spend their inheritance (to reduce the risk they may "blow it" on expensive vacations, cars, gambling, etc.).

Assets that should not be used to fund your living trust include: Qualified retirement accounts ? 401ks, IRAs, 403(b)s, qualified annuities. Health saving accounts (HSAs) Medical saving accounts (MSAs) Uniform Transfers to Minors (UTMAs) Uniform Gifts to Minors (UGMAs) Life insurance. Motor vehicles.

More info

A will typically goes into probate after the testator dies, while a trust does not. A will is strictly concerned with what happens to your assets after you die but doesn't house your assets in the meantime.A living trust is another estate planning tool that can be used to transfer property and wealth to others. "Living trusts" created in the grantor's lifetime facilitate the transfer of assets to heirs without the cost and publicity of probate. A living trust provides lifetime and after-death property management. Trusts provide for the management and distribution of your assets during lifetime and after death. A living trust, unlike a will, can keep your assets out of probate proceedings. A comprehensive estate plan can include both a will and a trust. The main function of both wills and trusts is to name beneficiaries for your property. In a will, you simply describe the property and list who should get it.

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Will In Trust Vs Living Trust