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Think about Estate Planning for Your New Year’s Resolution by Reinfeld Cabrera Tison To Do in 2022 (For Your Kids & Possibly You, Too!)

The New Year is a chance to reflect on the past and to make changes to the future. What better way than preparing your family for the inevitable, “Old Age and Death.” These words are feared from among the strongest and or richest person to the poorest and or weakest individual. We all share this common fact, that one day we will age and no longer be here. With this said, why not put on the top of our New Year’s Resolution List, “Get a Will or Trust prepared and make the process easier on your family.

What is a will? A will is a written document, signed and witnessed, which sets out instructions for the disposition of your estate only at the time of or after the event of your death.

What is a trust? A trust is a set of instructions which come into effect as soon as the trust is created which means that it provides property management during your life and/or after your death. My best comparison is a trust is almost like a company, one you manage while your alive, and if your become incapacitated or die, it can be managed by your successors according to your instructions.

Differences between a will and a trust:

Apart from the main difference that a will comes into effect only after death whereas a trust is in effect during lifetime and after death, there are many more things to think about when deciding between the two estate planning tools. Here is a list of some of the more significant differences which a trust attorney can explain in further detail: • A will and the property in the will is subject to the probate process; a trust and assets in the trust are not subject to the probate process. However, assets in both plans may be subject to federal estate tax. • Because a trust does not go through the probate process it may remain a private affair; a will goes through probate and therefore it becomes accessible to the public. • A will allows you to assign a guardian for your minor children; a trust allows you to control when and how your minor children, grandchildren and other dependents access your trust assets. • Often, the costs to set up and manage a trust can be much higher than setting up a will. • The assets in a will do not need to be managed; a trust can only plan for assets which have actively been transferred into the trust, therefore the assets in a trust need to be actively managed. • The actions of a trustee are not usually overseen by a court; the actions of an executor of a will are court supervised through the probate process. • Because a will is only effective after death, it does not allow for instances where the person becomes incapacitated through injury or illness or old age; a trust provides a plan for the possibility of incapacity.

So, which is better for your family? Obviously both have their pros and their cons and if this breakdown of wills and trusts cannot help you decide which plan you should use, a qualified and knowledgeable trust attorney will be able to point you in the right direction and help you put together a comprehensive estate plan.