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A living trust is designed to allow for the easy transfer of the trust creator or settlor's assets while bypassing the often complex and expensive legal process of probate. Living trust agreements designate a trustee who holds legal possession of assets and property that flow into the trust.
The trust can also be used to reduce estate tax liabilities and ensure professional management of the assets. A disadvantage of a testamentary trust is that it does not avoid probatethe legal process of distributing assets through the court.
A Will is a legal declaration by which a testator (Will-maker) enforces their wishes to distribute their assets upon death. It also outlines beneficiaries and an executor of a Will. A Testamentary Trust, on the other hand, is where the assets of the Will are held and managed by the trustee.
A testamentary trust is a type of express trust that is written in a will or in a document incorporated by reference into a will, which arises upon the death of the settlor. It specifies what assets or funds are to be distributed after the death of the settlor.
A living trust in New York allows you to place your asset into a trust but still use them during your lifetime. Your beneficiaries inherit them after your death. A revocable living trust (sometimes known as an inter vivos trust) provides many advantages that may make it a desirable part of your estate planning process.
Difference between a living trust and a will A living trust is different from a will in that there is no probate period, so your heirs will receive the assets more quickly after your death. You can also add restrictions to how and when your assets are distributed.
However, there are some distinct advantages of using a trust over a will.Privacy. One distinct advantage of using a trust over a will is the privacy that it offers.Control.Conditions.Probate Avoidance.Accessibility.Avoidance of Conservatorship Proceedings.Flexibility.Quicker Disposition.More items...
A pot trust is a type of trust that lists children as beneficiaries, with the trustee using his or her discretion as to how trust assets should be spent. If you have minor children, you might consider setting up a pot trust to meet their financial needs if something should happen to you.
Drawbacks of a Living TrustPaperwork. 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.
Most of the advantages of having a revocable living trust compared to a Will involve avoiding probate and making the process of transferring your assets to your beneficiaries easier, faster, and more affordable.