Countless families end up in the courtroom, attempting to get a conservatorship when their loved ones become incapacitated. A living will and trust attorney can help you avoid that. Your living trust can appoint someone to manage your affairs if you meet the criteria for incapacitation. Your living trust attorney will help you choose the criteria, so you don’t have to worry about someone trying to take over when you are still of sound mind. By avoiding a court-ordered conservatorship, you can age with dignity while also making the process easier for your loved ones.
Unlike an irrevocable trust, a living trust allows you to maintain complete control. A living trust lawyer can amend your trust for you at any time. You are not under a legal obligation to keep it as it is, so you can change beneficiaries, alter the terms for distributing your estate, and more. You also need to visit your lawyer when you want to add or remove any property. Your attorney will ensure your trust is up to date, so your estate will be protected if you become incapacitated or pass away.
Many people create the documents to open a trust, but they don’t fund it. You have to meet with the financial institution and transfer assets into a trust to fund it. Your living trust lawyer will handle this for you. However, if you forget to include assets, those items will have to go through probate before your beneficiaries receive them. Your living trust attorney might recommend a pour-over will to transfer any forgotten assets to the trust. The assets must still pass-through probate, but then the trustee can transfer the property to the trust and disperse it using the terms you selected.