Monday, October 21, 2013

The Trust Phenomenon - Estate Planning Process

By Frank Miller


Keeping your assets and inheritance matters private, avoiding the costs and frustration of Florida probate, completing a swift legal asset transfer to legal heirs is why Florida living trusts have snowballed in popularity with the "snow-bird" set. Florida Estate Planning To Avoid Probate Costs. Florida living trusts are all about taking smart and legal planning steps to minimize complexity, cost and grief following death. Remarkably, thousands of people fail to prepare their estate for legal transfer. Age, ill health or an accident leaves them incapable, incompetent or worse! Result? Their entire estate, along with the unraveling of taxes, creditor obligations and more "defers" to the probate court.What Probate Costs Families! Families and estates without properly constructed asset transfer documents like the revocable Florida living trust, could lose over 20% of the estate's value to court administrative and attorney fees, and up to three years or more in court time, add-in a chunk of grief and frustration, and then ice the cake with the time-value cost of financial assets taken out of the market for the probate period. And, don't forget your family's total loss of privacy...while a Florida living trust renders the asset details and transfer utterly private, the Florida probate court is an "open book" for any snoopy neighbor or investigative reporter to pour over.

What About Taxes And Asset Protection In My Florida Living Trust. No Tax Benefit. Florida living trusts do not provide any tax benefits at all. Ordinary earned income and/or capital gains and losses, partnership income, rents and the like for all the assets "funded" into the Florida living trusts are treated for taxation purposes on your personal or joint tax filing. The only exception may be Florida living trusts where the combined estate asset "community property" of a husband and wife exceed the then current Federal estate tax exemption figure.No Asset Protection. Florida living trusts also do nothing about asset protection from creditors or judgment lawsuits. If you personally own an asset, and if that asset is not protected or legally sheltered, and if you "lose in court", then the litigating party or plaintiff will likely obtain a judgment order to reach-in to your living trust and legally remove the target asset.

Will: The Will is an officially permitted manuscript by which to assign the persons who will take delivery of the advantages you own in the lead you're passing away. The Will is also utilized to given name of perception guardians for kids who are also inconsequential.

Authority of attorney: A Power of Attorney is an officially permitted manuscript which particularly authorizes an additional person to administer your monetary affairs. The Power of Attorney is over and over again used to keep away from costly and civic conservatorship trials.

Having a will and an estate plan can save a family the additional heartache of going through probate. Probate is when a court appoints a personal representative to make decisions about money and property when a will or estate plan is not prepared.

Your Florida Living Trust Is Your Estate Planning "Alter Ego". Think of your living trust as a documentary form of You ... what you've worked for your entire life, the assets you've created, and your preferences for inheritance are entirely captured by your Florida living trust. You "fund" the trust with your financial and real property assets. You can amend it or determine the trust's day-to-day business ... it's revocable ... up until the time of your death. Thereafter, no change is permitted. Your Florida living trust reverts to an "irrevocable trust", managed by your successor trustee under strict rules until all assets have been legally transferred, taxes paid, and creditors paid.




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