This week, we'll take a look at the good
reasons to consider the Living Trust.
Perhaps the most significant advantage of a Living Trust
is that it can be designed to manage your assets for you in the event you become
disabled or incapacitated. While other estate planning tools, such as the
durable power of attorney, can be used to provide wealth management in the event
of a disability, none is more flexible than the Living Trust. When used to
provide money management in the event of a disability, the trust is created
today, but your assets are not transferred to the trust unless and until you
become disabled.
In this same vein, the Living Trust can be used by those
who need current management of their wealth even though they are in perfect
health. This would include persons who have no experience handling money and
those who simply lack the time to manage it. For example, a widow who has just
received a significant inheritance could create a Living Trust and name a bank
or a trusted advisor as the trustee. The trustee would then invest the assets
for the widow's benefit and generally handle all of her financial affairs. One
important aspect of such an arrangement is that the trustee is governed by
certain well-settled legal principles which require the trustee to exercise a
high degree of care in managing the widow's funds.
Another reason to consider the Living Trust is if you own
real estate in different states. For example, if a Pennsylvania resident also
owns real estate in Florida, then upon his death it will be necessary to conduct
estate settlement proceedings in both states. If, however, the Florida real
estate is transferred to a Living Trust, the estate administration in Florida
can be avoided.
Living Trusts are also suggested if a Will contest appears
likely. While this is not often a major issue, if there are reasons to expect a
challenge by disgruntled heirs, then you should consider the Living Trust as a
substitute for your Will. It is difficult to successfully challenge either
document, however, the trust does provide a stiffer barrier.
Like all other estate planning strategies, the Living
Trust merits consideration. However, the Living Trust is not the magic remedy
that its promoters would have you believe. Determining whether its the right
choice in a given case requires you to balance its advantages and disadvantages
in light of the other choices which may also help you achieve your goals.