Law & Legal & Attorney Wills & trusts

Why Holding Assets in Living Trust If You Become Incapacitated is Preferred

One of the great benefits of having a trust as your estate planning document, instead of a last will and testament, and holding assets in living trust is the property management you get if you become incapacitated.
  If you own assets outside of a trust and become incapacitated to the point you cannot manage your finances, a court will appoint someone to do it for you.
  This may be the last person you would ever want in charge of your money.
If this scares you, and it should, you may want to consider a revocable trust for your estate planning and hold your assets in living trust.
When you hold assets in living trust and become incapacitated, the person you have picked as your successor steps into your shoes and manages your assets for your benefit.
  This is usually your spouse or a trusted family member or friend.
  They do not have to go to court which will save thousands of dollars in attorney fees.
  The most important point is you picked the person while you were competent, not a judge selecting the person when you could not.
Nothing changes during your life with a trust.
  You will still have full control over your assets just as you did before creating the trust.
  The other great feature of the trust is you stay out of court upon your death.
  You successor trustee takes over for you and follows your wishes either continuing to manage the trust for your family or distributing the assets outright depending on what you selected.
  Consider holding your assets in living trust and consider drafting the trust yourself.


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