Estate Planning Attorneys Connersville : Probate & Elder Law Attorneys in Connersville, KY

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Estate Planning, Probate & Elder Law Connersville, Kentucky

Connersville Estate Planning & Probate Attorneys

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Pamela H. Potter, P.S.C.

TEL (606) 324-5516 |  Ashland, KY

Owner and founder of the Ashland, Kentucky based law firm of Pamela H. Potter, P.S.C., Ms. Potter concentrates her practice in the areas of estate planning, estate administration, and real estate. Ms...(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.