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This Living Trust form is a living trust prepared for your state. It is for a husband and wife with no children. A living trust is a trust established during a person's lifetime in which a person's assets and property are placed within the trust, usually for the purpose of estate planning. The trust then owns and manages the property held by the trust through a trustee for the benefit of named beneficiary, usually the creator of the trust (settlor). The settlor, trustee and beneficiary may all be the same person. In this way, a person may set up a trust with his or her own assets and maintain complete control and management of the assets by acting as his or her own trustee. Upon the death of the person who created the trust, the property of the trust does not go through probate proceedings, but rather passes according to provisions of the trust as set up by the creator of the trust.
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Interesting Questions
A living trust with pour-over will is a legal document that allows you to transfer your assets into a trust during your lifetime and specifies that any assets not transferred into the trust should be poured-over into the trust upon your death.
A living trust with pour-over will provides several benefits, such as avoiding probate, maintaining privacy, having flexibility in managing your assets, and ensuring your wishes are carried out smoothly after your death.
By transferring your assets into a trust, they are no longer considered part of your estate, which means they do not go through the probate process. This helps save time, money, and keeps the distribution of your assets private.
Absolutely! When you create a living trust with a pour-over will, you can serve as the trustee and maintain control over your assets during your lifetime. You can freely manage, sell, or distribute your assets as you wish.
While it's not required by law, consulting with an experienced attorney is highly recommended. They can guide you through the legal process, ensure your documents are properly prepared, and provide expertise to address your specific needs.
Yes, you can make changes or revoke your living trust at any time as long as you are mentally competent. It is advisable to consult with an attorney when making any modifications to ensure they comply with legal requirements.
Any assets not transferred into the living trust will be governed by the pour-over will. Upon your death, these assets will be poured-over into the trust and distributed according to its terms and instructions.
In Hawaii, a living trust with pour-over will does not have any separate or additional tax implications. Taxes are still assessed as they would be if the assets were held outside of the trust.
Having a pour-over will alongside a living trust is a good practice. It acts as a safety net to capture any assets that were not properly transferred into the trust during your lifetime. The pour-over will ensures these assets are distributed according to your wishes.
You can choose yourself as the initial trustee, allowing you to maintain control over the trust during your lifetime. It's advisable to name alternate trustees in case you become incapacitated or pass away. You can also appoint professional trustees or trusted family members/friends.
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