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Asset Protection, Trusts and Wills

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Our goal is to provide each of our clients with as much information as possible about Asset Protection, Trusts and Wills. As you will see as you review the following material, there is a lot of information to digest and consider. Many legal aspects may be complex and confusing. We want you to know we are available to speak with you about any legal aspects of Asset Protection, Trusts and Wills at your convenience either over the telephone or in person at the Spiegel and Utrera, P.A., office nearest you. What do some of these terms mean? Click here for a Glossary. For answers to Frequently Asked Questions (FAQs) about Asset Protection, Trusts and Wills. Click here for FAQs.

Joint Revocable Living Trust

The primary reasons to consider using a Joint Revocable Living Trust have to do with ease of administration and to avoid probate. The Trust instrument typically provides that in the event of a grantor or settlor’s incapacity, such as mental illness or physical disability, a successor Trustee takes over the administration of Trust property. This means that a costly and public court proceeding to establish guardianship is avoided.

The main attraction of the Joint Revocable Living Trust is the avoidance of probate upon a grantor or settlor’s death. Probate is avoided because the Trust assets are owned by the Trust rather than a grantor or settlor. Also, if a grantor or settlor has properties in several states, the cost of probate administration is avoided because administration is consolidated with one Trust instrument.

After the death of a spouse, the property held in the Trust will pass at the death of the surviving spouse/grantor or settlor's death free of probate unless the Trust estate is to be distributed to the Personal Representative of the probate estate.

Other advantages are:

  • The Trust can become irrevocable upon a grantor or settlor's incapacity or incompetency, but become revocable upon the recovery of a grantor or settlor and perhaps allow the avoidance of guardianship proceedings;
  • The Trust can be used to segregate assets for many purposes such as second marriages where pre-marriage assets can be held in the event of a later divorce;
  • There may be some creditor protection for the assets held in the Trust, if a grantor or settlor is given only a limited power, not the power to revoke; and
  • Unlike a Last Will & Testament, the Trust agreement does not become a public document.

Let us jump start your estate plan and provide you with peace of mind by drafting a Joint Revocable Living Trust for $574.95

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