How To Set Up A Living Trust

How do you protect the properties you have acquired and dispose of it later on in accordance with your desire? One good option is to set up a living trust. This legal arrangement gives you the power to designate the person in whose name the title to the property shall be vested, under fiduciary capacity, with the state having no participation over it.

The designation of such person called the trustee is valuable especially when you become physically or legally incapacitated to manage the properties on your own. Although a living trust is more expensive that the creation of a last will and testament, still there are some savings considering that it will not undergo probate proceedings, and will not be subject to estate taxes.

What is more is that such a legal act is imbued with confidential characters, unlike wills which become part of the public records when it is filed in court for probate. But how to set up a living trust?

First Step

Know the distinction between ordinary and living trusts. A trust is a set up wherein you vest to another, called the trustee, the power to administer your properties for the benefit of someone else, called the beneficiary. A further distinction is that a living trust is not similar with an ordinary trust because the former is made while you (the maker) still lives, and at the same time, allows you a degree of control over the disposition of your properties. Often times, living trusts cannot be revoked, which means that once the properties are put under a trust, there is no way you can get it back. These distinctions are indispensable information in knowing how to set up a living trust.

Second Step

Know if the living trust fits your situation. Assume that the total value of your properties is $200,000.00 or even greater, then you will have to be aware of liabilities such as taxes on the estate. The problem of how to set up a living trust becomes more difficult to untangle if you have children from another marriage, and you want those children of yours to get portion of your properties too. In that case, you should contact a lawyer who is an expert in how to set up a living trust. The most important questions you need to ask your lawyers are as follows: Could I cope up with the demands of a living trust, especially those pertaining to the recording of all incidents pertinent thereto? Am I willing to vest over another individual the power to administer my properties? Is a last will and testament better for my situation?

Third Step

Consult an attorney who is an expert in administration, management, and disposition of estates. In fact, at whatever angle you look at it, you will really need a lawyer in all matters concerning how to set up a living trust. This is especially true when it comes to the documentation of a living trust. You may go to an existing bar organization in your locality for a list of good lawyers to handle your concerns. When you ask for lawyers, search for someone with whom you can relate all secrets pertinent to a living trust. Make sure that your lawyer puts in writing the terms and conditions of your lawyer-client relationship.

Fourth Step

As much as possible, avoid probate. By doing so, you will be able to maintain your family's privacy, especially those relating to your wealth. At this juncture, you need to understand that a probate is a special judicial proceeding wherein the last will and testament of a deceased is subject to judicial scrutiny and approval, and payment of tax and other liabilities before the properties are disposed of in accordance with the will. This is critical information you need in knowing how to set up a living trust.