Protecting Your Family

Nowadays, people have better options for estate planning instead of solely relying on one’s will. This is because a will alone doesn’t ensure that your assets will be distributed to your family after your death, as a probate court must first validate it before it can take effect.

Additionally, because a will only go into effect once the grantor dies, it does not protect you if you were to become physically or mentally incapacitated in your lifetime, allowing the court to take control of your assets before you die.

On the other hand, a living trust is a legal document through which you (the grantor) can place your assets in a trust during your lifetime to determine how they will be managed and distributed. Upon your death, the assets are transferred to the beneficiaries of your choosing without the need for the probate process.

What is the Probate Process?

One of the primary advantages of a living trust is avoiding probate. Probate is the process of court proceedings through which your assets are distributed according to your wishes by the executor. 

The probate process can be costly in terms of government fees and legal expenses. Your assets could also be tied in the legal process for several months to years.  Hence, having a living trust avoids the whole process, allowing for faster distribution of assets.

It is also important to note that a living trust is valid in every state. Even if you own out-of-state property, probate can be avoided with a living trust. 

Types of Living Trusts

There are two types of living trusts: Revocable and Irrevocable.

Revocable Living Trust

The grantor can alter a revocable trust at any time. This allows the grantor to retain complete control of their assets, and any income earned from the trust’s assets will still belong to them. 

Many find the revocable living trust ideal due to its flexibility. If circumstances change—such as a beneficiary’s death or a child’s birth—the grantor can modify the trust to accommodate such changes.

Irrevocable Living Trust

Once established, an irrevocable trust cannot be altered. Once assets are transferred to an irrevocable trust, the grantor relinquishes all ownership. This trust is used in tax planning and asset protection to avoid creditor claims and exclude assets from the taxable estate, reducing estate taxes.

Maintaining Privacy with a Living Trust

Another benefit to a living trust is privacy. Unlike a will, which becomes public record once filed, a living trust remains private. Upon your death, your estate will be privately distributed to your heirs. This is especially beneficial for individuals who value discretion and want to keep their family matters confidential.

Why Business Owners Should Consider a Living Trust

While the average person may benefit from a living trust, there are some cases where a living trust is preferred over a will.

Business Owners

A living trust offers several advantages for business owners in terms of control, continuity, and estate planning.

1. 1. Incapacity Planning: If the owner becomes incapacitated, the heir could immediately step in to ensure continuity in business operations. This prevents the need for a court-appointed guardian to manage the business.
   2. Succession Planning: A living trust prepares the owner for a smooth ownership transition. The trust can specify who can take over after the owner’s death.

• Tax Planning: An irrevocable trust can reduce estate taxes by transferring business interests into a trust.

Considerations 

Setting up a living trust can be costly and complex upfront. Unlike a will, a living trust requires ongoing management, especially if you acquire new assets. Additionally, transferring ownership of assets into the trust may involve extra legal and administrative work.

To find out if a living trust is right for you and your family, consult with a Nevada Corporate Headquarters representative at 1-800-508-1729, Monday through Friday, 8 a.m. to 5 p.m.

“*The above material has been prepared for informational purposes only, containing opinions of the provider, and is not intended to provide, and should not be relied on for, tax, legal, or accounting advice. Please consider consulting tax, legal, and accounting advisors before engaging in any transaction.”