Estate Planning Attorneys Arlington : Probate & Elder Law Attorneys in Arlington, CO

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Estate Planning, Probate & Elder Law Arlington, Colorado

Arlington Estate Planning & Probate Attorneys

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Hammond Law Group, LLC

TEL (719) 520-1474 |  Colorado Springs, CO

As an attorney in private practice in Colorado Springs, as well as southern and eastern Colorado, Catherine Hammond Shell provides extensive estate and tax planning services to individuals and busines...(more)



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ESTATE PLANNING, PROBATE & ELDER LAW NEWS

» 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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The year is 2016. The President signs the Child Reduction Act. Families with more than one child under the age of 18, must pay a multiple child tax. Families unable to afford the tax, must send their extra children to the CHILD CONSERVATION CAMPS. The Pearce family has two teenage children - and can only [...]

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