Revocable Living Trust: Top 5 Consideration

A revocable living trust, also known as a living trust or inter vivos trust, is a legal instrument that allows individuals to transfer ownership of their assets into a trust while they are still alive, and retain the ability to modify or revoke the trust at any time during their lifetime. This type of trust is a popular estate planning tool that offers a variety of benefits to individuals and families, including greater control over their assets, privacy, and the avoidance of probate.


1.   You Are in Control

One of the primary advantages of a revocable living trust is that it allows individuals to maintain control over their assets during their lifetime while ensuring that their wishes are carried out after they pass away. Assets placed in the trust are managed by a trustee, who can be the individual themselves or another designated individual or institution. This trustee is responsible for managing and distributing the assets in accordance with the terms of the trust agreement.


2.   Avoid Probate Process

Another advantage of a revocable living trust is that it can help individuals avoid probate, which is the legal process by which a court validates a person's will and distributes their assets after they pass away. Probate can be a lengthy and expensive process that can take months or even years to complete, and can result in significant legal fees and other costs. By placing assets in a revocable living trust, individuals can bypass the probate process and ensure that their assets are distributed in a timely and efficient manner.


3.   Privacy

In addition to avoiding probate, a revocable living trust also offers greater privacy than a traditional will. Wills are a matter of public record, which means that anyone can access them and view the details of an individual's estate. Trusts, on the other hand, are private documents that are not subject to public disclosure. This can be especially beneficial for individuals who value their privacy and do not want their financial affairs to be made public.


4.   Tax Benefits

There are also some tax advantages to using a revocable living trust as part of an estate plan. While the trust itself is not a taxable entity, it can be used to reduce or eliminate estate taxes by allowing individuals to transfer assets to their heirs outside of the probate process. Additionally, because the trust is revocable, the assets held in the trust are still considered to be owned by the individual and are therefore not subject to gift taxes.


5.   Speedy Delivery

A revocable living trust may also be beneficial for individuals who want to ensure that their assets are distributed in a timely and efficient manner.


If you are considering a revocable living trust as part of your estate plan, it is important to consult with a qualified estate planning attorney to determine if it is the right option for you. An experienced attorney can help you evaluate your options, create a trust agreement that meets your needs, and ensure that your assets are managed and distributed in accordance with your wishes.

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