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A testamentary trust is created to manage the assets of the deceased on behalf of the beneficiaries. It is also used to reduce estate tax liabilities and ensure professional management of the assets of the deceased.
All told, the decision to use a will or a trust is largely dependent on your life circumstances and where you live. As an example, Washington State has a nominal flat-rate probate fee and a relatively straightforward probate process, so using a trust solely to avoid the cost of probate may not be the best choice.
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.
The key difference is that a will becomes effective only after you die and your will has been entered into probate. Whereas a living trust bypasses the expensive and laborious process of probate, enabling your designated trustee to carry out your directives as recorded in your living trust at your death.
A testamentary trust is created to manage the assets of the deceased on behalf of the beneficiaries. It is also used to reduce estate tax liabilities and ensure professional management of the assets of the deceased.
Living trusts and testamentary trustsA living trust (sometimes called an inter vivos trust) is one created by the grantor during his or her lifetime, while a testamentary trust is a trust created by the grantor's will.
The other type of Testamentary Trusts are considered pot Trusts, essentially meaning all of one's assets are managed together. Family Testamentary Trusts allow parents to distribute assets based on each child's needs. These Trusts are typically used by parents who need or want to leave more funds to one child.
In Washington, there is a relatively high threshold for which estates must go through probate. Any estate worth less than $100,000 does not have to go to probate court, so you likely won't need a living trust if your estate is worth less than that.
Trusts are a crucial element to Estate Planning as they help provide more control over asset distribution after death. Among the various types available, a Testamentary Trust can be one of the best options for those thinking of their young children or grandchildren.
One of the drawbacks of a testamentary trust is the considerable responsibility it puts on the trustee. He must meet regularly with the probate court to demonstrate his safe handling of the trust, and depending on your wishes, his tasks may go on for many years.