Part 1 of 11

• Do I know that trusts can help avoid probate and transfer my assets imme­diately to my heirs?

• Am I aware that trusts are an excellent way to protect my wishes in compli­cated estates involving second marriages and blended families?

• Do I own real estate in more than one state? If so, do I realize that I should have a living trust to cover it?

• If I’m interested in trusts, have I also considered their drawbacks?

• Have I considered other vehicles for estate planning?

• If I’m trying to shelter assets from nursing home seizure, am I aware of the role (both good and bad) of irrevocable trusts?

People often get confused between wills and trusts because they know they both have something to do with giving your assets to other people, but these two documents, although sometimes related, are very different and serve different purposes.

As you recall, our last series had to do with wills but it is necessary for me to summarize the concepts of wills so that we may discuss trusts.

Wills

A will is a legal document that basically does four things:

1. It gives your instructions and wishes as to how your assets and property are to be distributed after you die. It is a statement that must be written, signed and witnessed in compliance with your state’s laws.

2. It names your beneficiaries, the people you want to benefit from your assets, as well as details of your possessions.

3. It allows you to choose an executor. A will allows you to choose a person to manage the distribution of your assets. If you don’t have a will, a court-appointed person called an administrator will distribute your assets.

4. You may choose a guardian to finish raising your children. Even if you are a young adult with few assets, you should have a will if you have children. A will can be used to appoint a guardian to care for your children if you die while they are still minors.

If you die without having made a will, you have died intestate. In that case, the court will distribute your property and determine the beneficiaries. The court may not rule according to your wishes, so dying intestate is not good for your beneficiaries. Further, without the guidance of a will, the court will name the guardian for your minor children, perhaps your brother when you would have much preferred your best friend.

After one dies, often a will goes through probate, the process by which the court transfers legal title of property from the decedent’s estate to his or her beneficiaries. The probate court determines if your will is valid, hears any objections to the will, orders that creditors be paid, and supervises the process to assure that remaining property is distributed in accordance with the terms and conditions of the will.

If a person dies intestate, the probate court appoints someone to receive all claims against the estate, pay creditors and then distribute all remaining property in accordance with the laws of the state.

The probate process can take several months to conclude and transfer property to your beneficiaries with or without a will, but likely longer without one.

THOUGHT OF THE WEEK

A grandmother is a mother who gets a second chance.