Estate planning concerns not only the protection of your assets, but protection for your own personal interests as well. A comprehensive estate plan should include not only a will and trust, but an advance healthcare directive and a durable power of attorney as well. This complete plan will offer peace of mind now and after you are gone.
WILL
A will is simply a road map for the probate court to follow. It instructs the court on how you want your assets to be disposed of. Through the Probate Court, the Probate Judge makes sure your debts are paid, establishes clear title to your property, and then distributes what remains of your assets according to your Will or applicable law, if you do not have a Will. This can be a costly and lengthy proceeding, depending on the size of your estate.
LIVING TRUSTS
A Living Trust is a legal entity that is created to hold title or ownership to your designated assets.
Under your direction, title to your designated assets is transferred from yourself to your Living Trust in which you serve as the Trustee. You retain control of the Trust Property, because you are the Trustee of the Living Trust.
A Revocable Living Trust holds the title to your assets, but allows you complete control during your lifetime and at your death provides for the transfer of all trust assets validly placed into your trust to your named beneficiaries without the necessity of probate.
A Living Trust is not subject to probate. Since it is not subject to probate, it keeps your assets confidential, maintains the privacy of the transfer of your assets, and you manage to avoid the high costs associated with probate. Having a Living Trust will allow you to prevent the court from controlling your assets at death or incapacity
The advantages of a properly funded Living Trust include:
Avoids probate for your assets validly placed therein
Upon death, allows for quick distribution of trust assets to your beneficiaries
Keeps the assets transferred through your trust private and confidential
The Probate Court has no control over trust assets
Avoids conservatorship if you become incompetent, or incapacitated
Completely flexible becuase you can change it at any time
Legal Alliance Group's fees for a Comprehensive Estate Plan generally start from approximately $1,800. However, each situation is different and the actual fess would depend on your situation.