Why a Living Trust?
Living trusts are an efficient and effective way to transfer property at your death, to the relatives, friends or charities you’ve chosen. Essentially, a living trust performs the same function as a will, with the important difference that property left by a will must go through the probate court process.
In probate, a public court proceeding, the deceased’s debts are paid. Then after a year or more at tremendous expense to your heirs, the remaining property left by a living trust can go promptly, privately and directly to your heirs.
Living Trusts are created while you’re alive and are “revocable.” You can revoke or change them at any time, for any reason. You can abolish the trust, alter its terms or change the beneficiaries.
As the original trustee, you can do whatever you wish with your assets – manage them, sell them, or give them away. The trust does not take effect until you die or become incapacitated. Upon your death, the successor trustee takes over the estate immediately without going through probate, then distributes the assets and terminates the trust.