the benefits of revocable living t - teri cettina€¦ · well s fargo wealth planning center, part...

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The Benefits of Revocable Living Trusts More comprehensive than a will, this estate planning tool is not just about what happens after you pass. A revocable living trust can be a valuable part of your wealth transfer process: Like a will, it can dictate how your financial accounts, property, and belongings are distributed after you die. But unlike a will, a living trust can help your heirs avoid the probate process, and, perhaps best of all, can establish who you'd like to handle your affairs if you become critically ill or incapacitated. For some, understanding the different kinds of trusts revocable and irrevocable — and how they work can be complicated. "Some trusts, such as those designed to eliminate taxes or financially support children, are usually irrevocable and can't be changed (https://conversations.wfmagazines.com/article /understanding_trusts_irrevocable_and_revocable_trusts) — and those are what most people think of when they hear the word 'trust,'" says Chris Cline, Senior Regional Fiduciary Manager for Wells Fargo Private Bank. "However, a revocable living trust is a completely different tool. You continue to maintain full control of your finances while you're living, you can amend the trust if your circumstances change, and it works well for people of all incomes." Here's what you need to know about this versatile type of trust: What is a revocable living trust? In essence, it's a substitute for a will, but with a number of added benefits, explains Cline. Like all trusts, a revocable living trust is a contract among three entities: the trust creator, the trustee (who holds legal title of the trust's assets), and the beneficiary (the person or organization that eventually inherits the trust's assets). ! WRITTEN BY Teri Cettina July 27, 2015 TOPICS Transferring Your Wealth (/transferring_wealth) ADDITIONAL RESOURCES For additional details about trusts, wills, and estate planning, view The Private Bank's eBook, "Wealth Planning Essentials." (https://yourestateplan.wfmagazines.com/) "

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Page 1: The Benefits of Revocable Living T - Teri Cettina€¦ · Well s Fargo Wealth Planning Center, part of Wells Fargo Private Bank, provides wealth and financial planning services through

The Benefits of Revocable Living TrustsMore comprehensive than a will, this estate planning tool is not just about what happens after youpass.

A revocable living trust can be a valuable part of your wealth transferprocess: Like a will, it can dictate how your financial accounts, property,and belongings are distributed after you die. But unlike a will, a livingtrust can help your heirs avoid the probate process, and, perhaps bestof all, can establish who you'd like to handle your affairs if you becomecritically ill or incapacitated.

For some, understanding the different kinds of trusts — revocable andirrevocable — and how they work can be complicated. "Some trusts,such as those designed to eliminate taxes or financially supportchildren, are usually irrevocable and can't be changed(https://conversations.wfmagazines.com/article/understanding_trusts_irrevocable_and_revocable_trusts) — and thoseare what most people think of when they hear the word 'trust,'" saysChris Cline, Senior Regional Fiduciary Manager for Wells Fargo PrivateBank. "However, a revocable living trust is a completely different tool.You continue to maintain full control of your finances while you're living,you can amend the trust if your circumstances change, and it workswell for people of all incomes."

Here's what you need to know about this versatile type of trust:

What is a revocable living trust?In essence, it's a substitute for a will, but with a number of addedbenefits, explains Cline. Like all trusts, a revocable living trust is acontract among three entities: the trust creator, the trustee (who holdslegal title of the trust's assets), and the beneficiary (the person ororganization that eventually inherits the trust's assets).

!WRITTEN BY

Teri Cettina

July 27, 2015

TOPICS

Transferring Your Wealth (/transferring_wealth)

ADDITIONAL RESOURCES

For additional details about trusts, wills, and estateplanning, view The Private Bank's eBook, "WealthPlanning Essentials."(https://yourestateplan.wfmagazines.com/)"

Page 2: The Benefits of Revocable Living T - Teri Cettina€¦ · Well s Fargo Wealth Planning Center, part of Wells Fargo Private Bank, provides wealth and financial planning services through

After you create a living trust, you — or if you're married, you and yourspouse jointly — transfer financial accounts and property into the nameof the trust. From a legal standpoint, the trustee of that trust now ownsall those assets. However, because you are still alive, you function asboth the creator and the trustee, meaning you remain fully in charge ofyour finances and property. In some ways, a revocable trust acts as asafety net to hold your assets.

Benefits of a living trustWhy consider moving accounts you already control into a trust? Themost significant reason is in case you become incapacitated. "You mayalso have a power of attorney for finances naming someone to handleyour accounts if you become seriously ill, but many financial institutionswon't accept that form," says Cline. "A living trust is a more reliabledocument."

As part of a living trust, you can name a "successor trustee," who canimmediately step in for you if you become seriously ill or unable tomake decisions for yourself. This can be particularly important for thosewho don't have family to help care for them and manage their money.For couples, the successor trustee is usually the other spouse. However,you could also name an adult child, other relative, or even a corporatetrustee — such as a bank.

Another smart reason to have a living trust: If you have real property inmore than one state (for example, you have houses in both Californiaand Florida), your estate would be required to go through probate inboth states if you only had a will. That's an expensive andtime-consuming process for your heirs, notes Cline. A living trustcompletely bypasses probate, making it simpler to settle after you die.

Important considerations

Retitling assets: After your revocable living trust is established,you'll need to retitle your home, other property, and manyfinancial accounts in the name of your living trust instead of yourpersonal name(s). If you fail to do this, your estate may still needto be probated — negating one of the benefits of having a trust.

Some accounts — Individual Retirement Accounts, for example —can't be transferred to trusts, notes Cline. Instead, they are left toheirs through beneficiary designation. With these accounts, itmay make sense from a tax perspective to name individualsrather than your living trust as the beneficiaries. Your financialrelationship team can help you determine proper asset titling foryour trust.

Selecting a successor trustee: If you're married, your spousemight be a natural choice as your successor trustee, and viceversa. If your spouse dies or is otherwise unable, your next

Page 3: The Benefits of Revocable Living T - Teri Cettina€¦ · Well s Fargo Wealth Planning Center, part of Wells Fargo Private Bank, provides wealth and financial planning services through

"

Teri Cettina writes about personal finance and business from Portland, Oregon.

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Wells Fargo Wealth Planning Center, part of Wells Fargo Private Bank, provides wealth and financial planning services through Wells Fargo Bank, N.A., and its variousaffiliates and subsidiaries.

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successor trustee could be an adult child or other relative.However, if you're not sure your family members are up to thetask of handling your care and the complications of your financialaccounts, Cline suggests considering a corporate trustee(https://www.wellsfargo.com/the-private-bank/solutions/trust-services/), especially at a bank that already handles many of yourfinances.

Cost: Revocable living trusts are more expensive to draft thansimple wills — particularly depending on the complexity of yourestate. Get an estimate in advance from an attorney whospecializes in estate planning, suggests Cline.

Not sure whether a revocable living trust is right for you? Talk to yourrelationship team about your estate planning goals. "Even if you choosea family member as your successor trustee (instead of a corporatetrustee), a Wells Fargo Private Bank fiduciary professional can sharevaluable insights that could help you avoid common mistakes," saysCline.