Estate Planning Attorneys Bacobi : Probate & Elder Law Attorneys in Bacobi, AZ

Estate Planning, Probate & Elder Law Attorneys

 

Estate Planning, Probate & Elder Law Bacobi, Arizona

Bacobi Estate Planning & Probate Attorneys

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Morris, Hall & Kinghorn, P.L.L.C.

TEL (505) 889-0100 |  Albuquerque, NM

TEL (520) 320-5100 |  Tucson, AZ

TEL (520) 455-5365 |  Sonoita, AZ

TEL (602) 249-1328 |  Mesa, AZ

TEL (602) 249-1328 |  Phoenix, AZ

TEL (602) 249-1328 |  Goodyear, AZ

TEL (602) 249-1328 |  Scottsdale, AZ

TEL (702) 294-7333 |  Henderson, NV

TEL (928) 284-0522 |  Sedona, AZ

TEL (928) 774-0333 |  Flagstaff, AZ

TEL (928) 778-2655 |  Prescott, AZ

Dan R. Morris is the senior partner in the law firm of Morris, Hall & Kinghorn, P.L.L.C., with offices in Phoenix, Mesa, Tucson, Prescott, Sedona & Flagstaff. For the past 28 years, his private practi...(more)



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» Wills with Testamentary Trusts

I usually talk about estate planning in terms of two different approaches:

Simple: having a simple Will, where you give away all of your property outright

vs.

More involved: having what's known as a pourover Will and a separate living trust. You give your property away in your living trust -- you leave it to a trustee, who holds it for one or more beneficiaries

But there's also a middle way, which involves having only a Will, but incorporating trusts into that Will. This is known as having a Will with a testamentary trust. What's the drawback to this approach, and why isn't it more popular?

Well, when I talk about the advantages of a living trust, I address 5 of them in particular:

1. Probate avoidance
2. Control
3. Creditor protection for beneficiaries
4. Privacy
5. Estate tax minimization

If you create trusts under your Will rather in a separate document, those trusts can't be funded during your life (since your Will has no effect until death). As a result, you will need a probate. Your beneficiaries also don't get privacy, since the trust information is all located in your Will, which is a public document. But the other three advantages still exist.

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