Reasons to Have a Will
- Avoid "Intestacy" - where one passes away without a valid will, state laws dictate the amounts and beneficiaries which usually are not what the deceased would have preferred, and causes a lengthy and timely legal procedure which involves mandatory court intervention
- Bequeath your hard earned, valuable or personal possessions to the persons of your choice
- Devise your property or design legacies to non-family members or organizations
- Donate particular assets to charitable causes and receive tax benefits
- Prevent family strife which often leads to disastrous and prohibitively expensive litigation
- Include conditions that must be met by heirs in order for them to inherit
- Choose a Guardian for minor or dependent children
- Appoint an Executor to oversee the collection and initial management of estate assets
- Select one or more Trustees to manage and distribute estate assets on a longer-term basis
- Provide proper funding and care for minors or disabled individuals
- Maximize tax savings and opportunities (with the usage of built-in trusts)
- Provide financial comfort and convenience during tragic times
- Plan ahead and act responsibly for the welfare and peaceful continuance of one's family
Reasons to Have a Trust
- Asset Management for Minors, Addicts, Spendthrifts or Disabled People
- Can Provide Protection from Creditors
- Maximize Tax Exemptions (By Using the Estate Tax Exemption and Marital Deduction Effectively)
- Avoid Costly Probate (see below)
- Avoid Court-Ordered Conservatorship Should One Become Disabled
- Maintain Privacy (Wills Can be Accessed by Anyone While Trusts Can Not)
- Lower Costs (No Court Costs, Filing Fees or Estate Inventory Fees)
- Ease of Administration
- Lower Likelihood of Someone Contesting
Probate Costs
- Typical Attorney Fees Can Be Around $13,000
- Typical Executor Fees, If Required, Can Also Be Around $13,000
- Inventory Fees Are Taken As a Percentage of the Estate
- Court Filing Fees Add Up
- Possible Cost of Bonds
- Publication Costs
- The Average Time to Close a Probate Case is 15 to 18 Months