the usefulness of a revocable trust

The Usefulness of a Revocable Trust
The Usefulness of a Revocable Trust
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  • The Usefulness of a Revocable Trust

    Estate Planning is all about peace of mind. What estate planning is all about is discovering the rightdevices to implement your fundamental needs. We do this utilizing the most up to date devices sothat we can prepare a personalized plan at theleast expensive possible expense.

    A trust can be a useful tool in disbursing your estate during and after death. It is hard to considerone's mortality but when you do finally accept that death is inevitable, it is prudent to have adispositional scheme set up that will benefit your family. A Revocable Trust is a less complicated andmore expeditious way for your heirs to divide and distribute your estate according to your ownspecific plan once you have passed.

    A Revocable Trust is a legal entity created by an individual that is used to disburse an individual'sestate avoiding significant probate court involvement. The Settler is the individual who sets up thetrust and places limitations on what the trust can or cannot do with trust assets. The Trustee is theperson in charge of the trust and who has a fiduciary duty to the Settlers and Beneficiaries todistribute the estate in accordance with the limitations set forth by the Settler. The Settler, in someinstances, may be the Trustee as well. A Settler may not be the beneficiary of a Trust.

    A Settler may also be the Trustee and is giventhe power to change the trust in many ways.Under Texas Property Code 122.033 a Settlerthat is also the Trustee reserves such powersas:

    Making a beneficial life interest for himself;

    The power to revoke, modify, or terminate thetrust in whole or in part;

    The power to designate the person to whom orKansas City Estate Planning Lawyers on

    whose behalf the income or principal is to be paid or applied;

    The power to control the administration of the trust in whole or in part;

    The right to exercise a power or option over property in the trust or over interests made payable tothe trust under an employee benefit plan, life insurance policy , or otherwise; or

    The power to add property or cause additional employee benefits, life insurance, or other intereststo be made payable to the trust at any time.

    The important point is that Texas allows an individual to both make a trust and control the Trust.

  • A Revocable Trust can used to bypass the court system thus producing a quick and effective meansfor an estate to be disbursed. Instead of probating a will and having the court get involved which istimely, an individual may create a trust with limitations which can bypass the court processaltogether.

    The creation of a Trust can be a complex process depending on the size of the estate. Anexperienced estate lawyer should be consulted to ensure the Settler's limitations set upon the Trustare valid and precise. By utilizing a Trust rather than a Will or Intestate Succession, an individualcan avoid undue delay in probating the estate and the Trust itself allows the Settler the ability tospecify the exact conditions and limitations that will be involved as the estate is disbursed.

    Estate preparation is regarding peace of mind.The procedure itself is essential and also couldhelp you create a great, strong functioningstrategy that will deal with you, your kids, andyour properties in case of your fatality or specialneeds.