Estate Planning Attorneys Lilydale : Probate & Elder Law Attorneys in Lilydale, MN

Estate Planning, Probate & Elder Law Attorneys

 

Estate Planning, Probate & Elder Law Lilydale, Minnesota

Lilydale Estate Planning & Probate Attorneys

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The Molever Law Firm

TEL (763) 595-9292 |  Plymouth, MN

TEL (763) 595-9292 |  Saint Paul, MN

Jeffrey P. Molever has been meeting the legal needs of clients since 1982. Mr. Molever's tax planning experience as a CPA and as an attorney, coupled with his Masters Degree (L.L.M.) in Taxation, hel...(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.