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This form is a living trust form prepared for your state. 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 in Oklahoma with a pour-over will is a legal arrangement where you put your assets in a trust during your lifetime, and upon your death, any remaining assets not already in the trust 'pour over' into the trust.
Creating a living trust with a pour-over will in Oklahoma provides several benefits, such as avoiding probate, ensuring privacy, ease of asset distribution, and possible tax advantages.
When you transfer your assets into a living trust, they are no longer considered part of your probate estate. As a result, they can be distributed to your designated beneficiaries without going through the lengthy and costly probate process.
Yes, you can make changes or revoke your living trust at any time as long as you are mentally competent. It is recommended to consult an attorney to ensure your modifications are legally valid.
You can choose to act as the trustee of your own living trust initially. Alternatively, you can appoint a trusted family member, friend, or a professional trustee to manage the trust's assets and ensure your wishes are carried out.
Any assets not transferred into the living trust during your lifetime will be covered by the pour-over will. They will be 'poured over' into the trust upon your death, and then distributed according to the terms of the trust.
No, living trusts with pour-over wills are not solely for the wealthy. They can be suitable for various individuals who wish to avoid probate, maintain privacy, and have a streamlined process of asset distribution.
Yes, it is advisable to have a pour-over will even if you have a living trust. The pour-over will acts as a safety net to ensure any assets accidentally left out of the trust are still properly handled and distributed.
Potentially yes, a properly structured living trust with a pour-over will can help minimize estate taxes in Oklahoma. Consulting with an estate planning attorney is recommended to explore these tax planning possibilities.
While there are several benefits to having a living trust with a pour-over will, some possible disadvantages include the initial cost of setting up the trust, the time and effort required to transfer assets into the trust, and the ongoing management and administration of the trust.
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