
A Last Will and Testament is a legal document that directs how your property should be distributed after your death. It also allows you to nominate an executor to administer your estate and, if you have minor children, nominate a guardian for their care.
WHAT IS A WILL?
BENEFITS OF A WILL
Assets distributed under a will generally pass through the probate process, which is a court-supervised procedure for administering an estate.
CONSIDERATIONS
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Allows you to choose who receives your assets.
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Lets you nominate guardians for minor children.
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Names the person who will administer your estate.
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Can be an effective and affordable planning tool for many individuals and families.
One of the most common questions people ask is, “Do I need a will or a trust?” The answer depends on your goals, family circumstances, assets, and long-term planning needs. Understanding the differences is the first step toward making an informed decision.
WHAT IS A TRUST?
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May help avoid probate for assets properly transferred into the trust.
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Provides continuity in managing assets if you become incapacitated.
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Can offer greater privacy because trust administration is generally not part of the public probate record.
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Allows greater flexibility in determining how and when beneficiaries receive assets.
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Can be especially beneficial for blended families, business owners, and families with more complex planning goals.
BENEFITS OF A TRUST
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A trust should be properly funded by transferring appropriate assets into it. An unfunded trust may not achieve its intended objectives.
CONSIDERATIONS
A trust is a legal arrangement that allows a trustee to hold and manage assets for the benefit of one or more beneficiaries. Many people use a revocable living trust as part of a comprehensive estate plan.
In many cases, the answer is yes.
A comprehensive estate plan often includes:
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A Last Will and Testament (often serving as a “pour-over” will when used with a trust)
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Revocable Living Trust (when appropriate)
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Durable Financial Power of Attorney
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Advance Healthcare Directive
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HIPAA Authorization
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Beneficiary designation review