Estate Planning Attorneys Allen : Probate & Elder Law Attorneys in Allen, OK

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Estate Planning, Probate & Elder Law Allen, Oklahoma

Allen Estate Planning & Probate Attorneys

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Parman & Easterday, LLP

TEL (405) 843-6100 |  Oklahoma City, OK

TEL (913) 385-9400 |  Overland Park, KS

TEL (918) 877-2676 |  Tulsa, OK

After helping his own family deal with a lengthy probate and the IRS following his father’s untimely death in a farm accident, Larry made a decision to help families create effective estate ...(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.