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This Living Trust for Individual Who is Single, Divorced or Widow (or Widower) with No Children form is a living trust form prepared for your State. It is for an individual who is either single, divorced or widowed 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 is a legal document that allows you (the grantor) to transfer your assets into a trust during your lifetime. The trust then holds and manages those assets for the benefit of your designated beneficiaries.
A living trust can provide numerous benefits, such as avoiding probate, maintaining privacy, and enabling smoother asset distribution after your passing. It can also help manage your assets in case of incapacity.
Creating a living trust in North Carolina helps avoid the lengthy and costly probate process, reduces estate taxes, protects your privacy because trusts are not public records, and allows for easier management and transfer of assets during your lifetime and after your passing.
You can include various assets such as real estate, bank accounts, investments, vehicles, and personal property. However, some assets like retirement accounts and life insurance policies might have specific rules, so consult an attorney for guidance.
The trustee is the person responsible for managing the trust assets. You can choose to be the initial trustee, but it's advisable to designate a successor trustee for when you pass away or become incapacitated. This trustee can be a trusted family member, friend, or a professional trustee.
To fund your living trust, you need to transfer ownership of assets into the trust. This process may involve changing titles, re-titling accounts, or updating beneficiary designations. It's crucial to consult an attorney to ensure all necessary steps are taken.
Yes, you can make amendments to your living trust. If you want to make significant modifications, you may need to create a trust restatement or execute a new trust document. Consult an attorney to ensure the changes are made correctly, adhering to North Carolina laws.
Upon your death, the living trust can provide a smooth transition of asset distribution to your designated beneficiaries, bypassing probate. The successor trustee will distribute the trust assets according to your wishes as outlined in the trust document.
The cost of creating a living trust in North Carolina varies depending on the complexity of your estate and the attorney you choose. It can range from a few hundred to several thousand dollars. It's advisable to consult multiple attorneys to compare costs and find one that suits your needs and budget.
Yes, even if you have a living trust, it is recommended to create a pour-over will. This will ensure any assets not titled in the trust at the time of your passing will be transferred into the trust and distributed according to your wishes.
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