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How a Revocable Trust Can Protect Your Assets and Family

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How a Revocable Trust Can Protect Your Assets and Family

August 6, 2013
Geoff Hoatson

Revocable Living Trusts are one of the best ways to avoid your estate going through probate. As an estate attorney I do not hesitate to recommend a living trust in Florida. I cannot emphasize enough all of the benefits of taking this action.

Like a will a revocable trust enables you to name your beneficiaries of property and leave what you choose to the family members of your choice—even young children. They can be revised when necessary. Wills, however, do not allow your family to avoid probate or a conservatorship.

Revocable living trust orWill?

There are advantages to both wills and trusts so it’s important to understand which is best for your situation. Wills, unlike trusts, enables you to name guardians and property managers for small children, as well as, instruct the living in how debts and taxes should be paid for the estate. Wills are very simple to make and relatively inexpensive. Revocable trusts on the other hand, do not allow you to name guardians but they do allow you to pass your property to your family without them paying a large financial burden. I think that this is the selling point for a trust in Florida. Probate laws have made it difficult to contest and estate taxes can certainly eat through what you wish to pass down to your family. If you are worried about your children, know that their care and guardianship can be handled through other means (see my family law practice for more information).

Leaving property to a minor

When property is left to young children (minors) a trustee will need to be established to manage the funds and property until they turn 18 years of age. This is easily accomplished and not only allows your children and estate to avoid the rigors and costs of probate, but also provides them with a financial mentor that can handle their affairs until such time that they can manage it on their own; in short keeping them with the type of care and security that they deserve.

As I’ve said there are benefits to both types of documents, but I prefer the revocable living trust for several reasons, the most important of which is probably the security of the trust (harder to challenge in the court) and it enables you to appoint people you trust in a position of authority should you become incapacitated for any reason—and remember, this is not just for the elderly. What should happen if you are in a car accident and end up in a coma? A living trust enables you family to automatically have the authority to make the appropriate decisions.

If you are wavering back and forth between a will and a revocable trust in Florida, this Orlando estate attorney is more than willing to take your call and help you make the appropriate decision.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
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