Yes, You Need A Living Trust

In the realm of financial planning and estate planning there seems at times to be little consensus of thought or definitive opinion on planning solutions. Despite the overwhelming evidence to support a particular planning option, there seems to be a sect of contrarians all too eager to purport opposing views. The end result consumers are often left exhausted and bewildered, and without the advice or planning they desperately need. No other area has seemed to spark as much debate, as the Living Trust.

A Living Trust is a legal document that allows individuals to control their asset while they are alive, and if properly set up pass their assets to their beneficiaries free of probate. Probate is the court process of validating a will and transferring assets from the deceased name to the new owners name. Avoiding probate has become a hot topic in financial planning, as more and more individuals are made aware of the fees and costs associated with this court process. The living trust has emerged as one of the leaders in avoiding probate. Thus, demand for information about living trusts has sky rocketed. Of course, financial journalist are all to eager to report on this popular topic. While none of these journalists seem to disagree with the merits of trust planning; there seems to be little consensus as to who this planning is appropriate for.

This is because most financial journalists have in large part failed the public. In an attempt to sound authoritative, journalists sought a quantitative method for recommending planning. Therefore they had to rely heavily on the cost savings as sole measure to determine who the Living Trust is most appropriate for. Consequently, on the advice of these journalists, consumers will fail to purse planning if the feel the monetary saving will not be substantial. This thought process ignores the most important consideration for planning; family. There is no better reason for avoiding probate than protecting your family.

Even if there were no monetary costs to probate, would you want your family or loved ones to be involved with the court, even if for a second? Given the choice most individuals would rather avoid probate, both the fees and lack of privacy. However, financial journalist continues to tell consumers that the sole reason to avoid probate is just cost savings alone. While the contrarians, mostly individuals that gain financially from probate, continue to suggest that probate fees are minor so why bother with doing any planning. Using cost analysis as the basis for pursuing proper planning is a recipe for disaster, in part because it is nearly impossible to estimate the potential cost of probate. More importantly, however cost analysis leaves family out of the equation.

Who needs a living trust? Anyone who has family and loved ones they want to keep form having to deal with the court system, after they should pass. Conclusion: Yes, you need a Living Trust.

Michael Dinich is an advisor with the firm Your Money Matters located in Sayre PA. Michael has been assisting retirees since 1998 in planning and protecting their estate from probate and taxes. Additional information about Michael and Your Money Matters can be found at http://www.estateandtaxadvisorygroup.com

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