How could a living trust be helpful if I become incapacitated?

How could a living trust be helpful if I become incapacitated? If you are the trustee of your own living trust and you become incapacitated, your chosen successor trustee would manage the trust’s assets for you. If your assets were not in a living trust, however, someone else would have to manage them. How this would be accomplished might depend on whether your assets were separate or community property, and whether you have a durable financial power of attorney. (Even if you have executed a living trust, it is still recommended that you execute a durable financial power of attorney. See #12.) If you are married or in a registered… Read More

Continue Reading

Should everyone have a living trust?

Should everyone have a living trust? No. Whether or not to create a trust is a personal decision. Young married couples without significant assets and without children, who intend to leave their assets to each other when the first one of them dies do not necessarily need a living trust. However, if the couple should die in a common accident, or shortly after each other, without a trust their estate(s) may be subject to a probate. (See discussion below.) Other persons who do not have significant assets (less than $150,000) and have very simple estate plans also do not need a living trust. Finally, anyone who believes that court supervision… Read More

Continue Reading