Avoid Probate
One of the main benefits of a living trust is that you can avoid probate. When all of your property is transferred into a living trust, it is outside the jurisdiction of the probate court. You no longer own property as an individual; your trust becomes the owner of your property.
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When you create a trust you have control of your property because you appoint yourself as the trustee to manage and keep control of your trust property. When you die your trustee duties are transferred to whomever you named as your successor trustee, which is usually your spouse.
Saves Your Family Time And Money
The successor trustee is in charge of transferring your property to other family members, charities or other beneficiaries. In many cases this whole process takes only a few weeks. Once all of the property is transferred according to your trust, it ceases to exist. So, as you can see a living trust avoids probate and saves your family time and money. There are other advantages as well.
If the deceased owned real estate in other states, it is usually necessary to have another probate proceeding in that state. This means the family of the deceased will have to find an attorney in these other states, which can add considerably to the costs of the probate proceedings. With a living trust, out of state property is transferred to the beneficiaries quickly and without probate.
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