Category Archives: Trusts

Should I Put My House In A Trust?

A question I get asked a lot by clients is “should I put my house in a trust?” The answer, of course, is “it depends.” Imagine walking into a doctor’s office and asking them “should I go on [insert medication you heard about on the radio here]?” or “should I have [surgery your friend just had]?”
A trust is a solution, but it depends on what your problem is whether it is the solution for you. It can be helpful in terms of avoiding probate and reducing the work that needs to be done after you pass away. But, on the flip side it can be expensive to have the trust drafted, there are fees that need to be paid to the Registry of Deeds which may not make sense if you plan on selling the house soon.
Trusts can often be useful for people with minor children or children who may need assistance managing an inheritance, but if you don’t take the extra steps to fund the trust properly, you are leaving more work for your heirs and your estate is possibly paying additional legal fees to do work that should have been done while you were still living.
Much like a doctor needs to do a comprehensive exam, and you need to understand the risks, benefits, costs and alternatives before pursuing a medical solution, an attorney needs to understand your entire situation and you need to understand all of the consequences of an action before you decide to pursue a certain legal solution. The best course of action for both is to make an appointment for a consultation and then decide from there what might work best for you.

Pros and Cons of Having A Revocable Living Trust

A revocable living trust is a legal entity (and a document) to which you transfer all or part of your assets during your lifetime. You retain the power to remove or sell the assets and to change or revoke the trust. It provides for the management and distribution of your property during your lifetime andContinue Reading

Why Do I Need A Trust?

I sometimes forget that clients cannot read my mind. We will be talking about their estate plan and making sure that their minor or disabled children are provided for and I’ll mention the word “trust.” I mean in the general sense of “a person (the trustee) holding property for the benefit of another (the beneficiary.)”Continue Reading

Estate Planning and Divorce – Tips on Trusts for the Family Law Attorney

Many times in a divorce, one or both parties will be required to set up a trust to hold funds for the minor children’s college education.  I’ve been contacted by  divorce attorneys after the divorce to draft such trusts based on the language in the divorce agreement. Which was written by divorce attorneys. Not trustContinue Reading

Charitable Giving – Being Specific with Your Wishes

Many of my clients want to remember certain charities in their Wills or Trusts.  They may say "I want to leave money to my church" or "I’d like to set aside some funds for the Salvation Army" or perhaps another charity that has local and national branches.  One thing to keep in mind when thinkingContinue Reading

ABA Guide to Wills and Estates

The American Bar Association has book called the Guide to Wills and Estates available for downloading from their website.  The book guides you through the different estate planning tools, and talks about how planning now makes things easier for your family later.  While advice from a book does not replace a relationship with an attorney,Continue Reading