It is an essential matter for us to get our trust and estate management documents in order, especially this is not an easy process as we think about end of life decisions. The legal definition of trust is that one party which holds the property of another for his or her benefit. It means that all of the assets of a person are held by a 3rd party who is entasked to carry out your wishes, what you want done with them after your passing away, and this is a great way to guarantee that no debates will happen once you are gone.
The properties you can put in a trust can be real, tangible and intangible. The person who manages the trust on your behalf is called the trustee. Be informed that you will have to transfer the property you want in the trust out of your personal name, and put into the name of the trust that is managed by the trustee of your choosing. Know that anyone can be a trustee, like an officer of a bank or of a financial institution who will take charge in holding your property and in the distribution of it.
If you compare a trust and a will, there are some key benefits of having a trust, and the first benefit is that your trust and estate management plan is kept private. In the case of trust, your trust documents do not have to be filed with the court in most cases, unlike regular probate documents, and thus your personal information cannot be found in public records as well as what each of your heir will get and when they will get it.
Another advantage of using trust over a will in having a trust and estate management plan is that the person can plan for mental disability. In this way, you and your property will be kept out of a court supervised guardianship if you will become mentally incapacitated in the future.
By using a trust over a will, your estate does not have to go through a probate process, and this is the biggest advantage of using a trust over a will.
You will likely save a significant amount for your estate money in using a trust over a will, and you do not have to go through a probate process too.
Nowadays, with the aid of the internet, you can find the best lawyers for your needs as you search through legal services sites, and other sources in finding services of lawyer referral, or by contacting a legal professional association to help you find the best attorneys in your locality.