Wills Vs. Trusts: Take Control of Your Wealth Distribution!
You work hard for your money and want to ensure that your wealth distribution goes according to your wishes upon death. Sadly, many people simply don't understand the difference between wills and trusts and how they can affect inheritance. Don’t be one of them! Take control of your wealth distribution by understanding what wills don’t control and the benefits of a trust.
Posted on December 23, 2015
5 Things a Will Does Not Control
Most people believe that a will encompasses and controls all of your assets. That is simply not the case. Proper asset ownership for will-based plans can be confusing. However, the bottom line is that a will only controls assets in individual names; it does not control:
1. Trust assets
2. Retirement accounts / pension plans
3. Life insurance
4. Annuities
5. Employee benefits
While having a will allows you to avoid having a court decide who gets what, a trust can generally protect you even further.
5 Benefits of a Living Trust
There are many benefits to a living trust, including these five:
1. Avoiding the public, costly and time-consuming court processes at death (probate);
2. Avoiding the same regarding incapacity (conservatorship or guardianship);
3. Providing for spouses without disinheriting children;
4. Saving estate taxes in some cases;
5. Protecting inheritances for children and grandchildren from the courts, creditors, spouses, divorce proceedings, and irresponsible spending.
There are many types of assets which can be funded into your trust, such as real estate, bank accounts, investment accounts, and intellectual property rights. Others might include:
- Notes payable to you
- Life insurance – if you don’t have an irrevocable life insurance trust
- Business interests
- Oil and gas interests
- Personal effects – artwork, jewelry, collectibles, antiques
It’s important to work closely with your estate planning attorney to make certain that all of your assets are distributed according to your wishes – and done so with the least amount of cost and time delay. Contact us today for more information about wills, trusts, and other financial planning issues and let us help you decide what’s best for your situation!
More from our blog…
Capacity Requirements for Executing Estate Planning Documents
Proper execution of a legal instrument requires that the person signing have sufficient mental "capacity" to understand the implications of the document. While most people [...]
What You Should Know About Long-Term Care
Research shows that roughly one in seven adults aged 65 or older will need long-term care at some point in their later years. Meanwhile, tens of millions [...]
Understanding Medicaid: What Does Medicaid Cover?
In the complex and frequently changing landscape of health care in the United States, Medicaid stands out as a vital program. Since 1965, it has [...]
Elder Financial Abuse: How an Elder Law Attorney Can Help
Elder financial abuse is a significant issue affecting many older adults nationwide. It involves someone exploiting or misusing an older person’s finances or assets for [...]
Recent blog posts
FREE WEBINAR
5 Things to Know About
Estate Planning
When You Turn Sixty-Five