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What are the Disadvantages of a Trust?Costs. When a decedent passes with only a will in place, the decedent's estate is subject to probate.Record Keeping. It is essential to maintain detailed records of property transferred into and out of a trust.No Protection from Creditors.
Another potential advantage is that a trust is a way of keeping control and asset protection for the beneficiary. A trust avoids handing over valuable property, cash or investment while the beneficiaries are relatively young or vulnerable.
While there are many benefits to putting your home in a trust, there are also a few disadvantages. For one, establishing a trust is time-consuming and can be expensive. The person establishing the trust must file additional legal paperwork and pay corresponding legal fees.
With your property in trust, you typically continue to live in your home and pay the trustees a nominal rent, until your transfer to residential care when that time comes. Placing the property in trust may also be a way of helping your surviving beneficiaries avoid inheritance tax liabilities.
On the death of the first partner, the deceased partner's share of the house is left to chosen beneficiaries (e.g. children) in a Trust. This trust is effectively created when the first partner dies, by the Will. The surviving partner is allowed to continue living in the house for the rest of their life.
In a revocable trust, you have the right to dissolve the trust at any time. This means that although the home technically belongs to the trust, you have the ability to take back the property at any time.
Putting a house into a trust is actually quite simple and your living trust attorney or financial planner can help. Since your house has a title, you need to change the title to show that the property is now owned by the trust.
A trust, unlike a will, can help you pass on assets even before you die. Placing a house in an irrevocable trust can help you qualify for Medicaid by decreasing your taxable estate. With an irrevocable trust you can get asset protection from creditors, including nursing homes.
The advantages of placing your house in a trust include avoiding probate court, saving on estate taxes and possibly protecting your home from certain creditors. Disadvantages include the cost of creating the trust and the paperwork. Take a look at the pros and cons of creating a trust before you put your house into it.
Rental Properties and TrustsYou can place rental properties into a trust whether they are new acquisitions or you have owned them for some time. It is best to set up a trust before buying the property and take out the mortgage through your trust.