We’re finding the number one reason for the living trust is so that your loved ones don’t have to deal with courts and attorneys. If you don’t have a living trust, chances are your loved ones will have to go through the court procedure called “Probate.” Sure, probate is costly and time-consuming and a violation of your privacy, but the biggest problem is that you are subjecting the people you love to going to court and dealing with attorneys. And if you have property in more than one state, there may be multiple probates. So for most people the solution is a living trust (protects all assets titled in the trust from probate and guardianship) with a pour-over will (probates assets you neglected to put into the living trust), a health care document (says who will make health care decisions if you can’t) and a springing power of attorney for assets (says who will handle non-trust assets like retirement plans if you become incapacitated). Use a living trust to avoid probate. Where there’s a will…there is a probate! Don’t make your loved ones go through it!
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