Thursday, January 17, 2008

A living trust can save a lot of grief

From the Offices of Michael A. Robinson P.C., an Estate Planning Attorney
Colorado has adopted the Uniform Probate Code and frequently a revocable living trust is not necessary under our Colorado laws. However, there are some circumstances when it is a great tool.
1. Avoidance of Probate: You simply do not have to go through the probate process to dispose of property that is in the trust.
2. Creditors Rights: In most states, Living Trusts are not subject to the after death claims of creditors.
3. Surviving Spouse Elective Rights: In many states, a decedent can cut off elective rights by funding a living trust with their assets.
4. Challenges by Heirs or Trust Beneficiaries: It is far more difficult for heirs or beneficiaries to initiate and win a lawsuit against a living trust estate plan.
5. Tax I.D. Number: If either a trust maker or his or her spouse is trustee, there is no requirement to obtain a federal tax identification number or to file a fiduciary tax return. 6. Protect the Elderly from Scams: Major attractions of the revocable trust for the older client are ease and continuity of management. An elderly client (or his family) might wish the presence of a separate trustee as a precaution against vulnerability to fast-talkers bent upon depriving him of a life savings.
We can help with all estate planning needs. Michael A. Robinson P.C. 900 W. Castleton Rd. #135, Castle Rock, CO 80109 Ph. 303-688-0944, www.mikerobinson.com

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