Estate Planning Attorneys Brookfield : Probate & Elder Law Attorneys in Brookfield, VT

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Estate Planning, Probate & Elder Law Brookfield, Vermont

Brookfield Estate Planning & Probate Attorneys

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Unsworth & Barra, PLC

TEL (802) 879-7133 |  Essex Junction, VT

Stephen A. Unsworth is the senior partner in the law firm of Unsworth & Barra, PLC located in Essex Junction, Vermont. He has over 30 years experience in Legacy Wealth Planning. Stephen directs t...(more)



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ESTATE PLANNING, PROBATE & ELDER LAW NEWS

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Forum for water board candidates to be held Candidates for the Tarrant Regional Water District Board will square off at a forum at 7 p.m. April 29 at the University Christian Church, 2720 S. University Drive, ... via Fort Worth Business Press

» Advisers debate alternative investments

» Podcast #2

The topic this time is Wills.

The music is Le Petit Rien (The Little Nothing), by Francois Couperin.


MP3 File

» 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.