Tuesday, 8 November 2011

Importance of Estate planning and trusts

It’s a belief among a lot of people that estate planning and trusts is only for the wealthy, however this is not true. If you are one of those who have done well for yourself and saved money for your retirement and looking for a peaceful life ahead to live in your home or in any community, you are not alone in this process. Estate planning and trusts is the written legal agreement (contract) outlining a contractual obligation between the parties. There are a lot of things that are included in estate planning such as will, various trusts, powers of appointment, forms of property ownership, gifting, and power of attorney. The only goal of estate planning is to ensure that that the maximum quantity of estate passes to the estate owners or beneficiaries and the aim also involves paying fewer amounts of taxes and reducing the participation of the court. There are few other goals that involve preparation of the guardians of minors and incapacity. 

All the innovations in the financial services are helping everyone to live a stronger and a healthier life like never before. But in order to avail all these services everyone need fiancés and everyone has to pay for it. There are a lot of services that elderly people need and medical and health insurance companies doesn’t pay for their needs. A lot of people quit their jobs in order to provide care to an elderly family member and a lot of old people refuses to move out of their old neighborhood and that is when trusts come in picture. They are one of the most important estate planning tools that can be used to address these concerns. With the help of these services, you can set up your own trust in order to make distribution based on various conditions that can help the beneficiary in the best possible way and lead them into right direction.

One of the most important processes in estate planning is that of a will, creating it is one of the main objectives. In cases, where you die interstate that means you don’t have a will, your state has the authority to dispose the property. According to the state’s scheme, blood relations will be used to determine as to who will get the assets of the property. There are chances that you may want to give your assets to a particular one who you know would love and cherish them but state scheme identifies people who would equally cherish it. There are chances that your assets may also pass to people who don’t like you or whom you don’t like on the other hand, they can also move to people who really care for you or took care for you. However, in cases where you have dependent children, it is advised to select guardians for them who can take of them in cases where something may happen to you or your spouse. Also, you need to make sure that you consult the other party ones before naming them as guardian.

All you need to know about living trusts in California

Most of the people prefer making a will to pass on their possessions to the heirs. With time, this trend is changing with many people opting for Living Trusts in California . A revocable trust provides many before and after-death advantages as compared to a will. Whether or not a living revocable trust is the best choice for you primarily depends upon the circumstances. You will need to consult a qualified attorney and a personal financial adviser for the estate planning, but there are few things which you must know in context to living trusts:

The first thing is to know the meaning of a revocable living trust. It refers to a written agreement which designates the responsibility to someone for managing your property. It’s called a living trust as it comes into existence while you are still alive and revocable because you can change or dissolve the trust at any time at your own discretion as long as you’re mentally competent. A living trust becomes irrevocable or irreversible after you die. A living trust involves three parties: you as the creator, the trustee or trustees who are willing to manage your property as per the terms of the trust, and the beneficiaries. You’d certainly prefer yourself and your spouse as trustees because this will allow you to have complete control of the property while you’re alive. Being a trustee you have the power to do anything with the assets- sell them, exchange them, and invest them or whatever you wish to do with them.

No doubt, both will and a living trust contain inheritance instructions but a living trust provides you with more privacy as compared to a will. Unless and until a trustee or beneficiary claims for court approval of accounts, a living trust will not be made public. For people who have modest estates, will is a better choice as will is less complicated and less expensive than a trust. You should always leave valid instructions about your property either through a will or a trust; otherwise it might happen that the state would assign such a person to manage the distribution.

A living trust provides you with relief and peace of mind that your property and assets will be protected if God forbid such a mishap occurs that you become unable to manage your financial affairs. Having a trust eliminates the need of a probate court while passing your estate to your heirs. A trust can also serve the purpose of powers of attorney. The living trust can be written in such a manner that either the assets will be passed on to the beneficiaries immediately after your death, or they can be provided to them over time and in amounts or say installments as you mentioned in the trust. The state and federal taxes can be reduced by including tax saving clauses. A displeased heir can challenge the trust in the court. If you remove anyone from theLiving Trusts in California , he or she can file a case in the court just like a will can be challenged.