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Estate Planning
Revocable Living Trusts
A revocable living trust is one created by the grantor during lifetime in which during his lifetime the grantor retains the right to revoke the trust, change its terms, or regain possession of the property in the trust.
When is the use of such a device indicated?
- When the grantor wishes someone else to accept management responsibility.
- When the grantor wishes to assure continuity of management and income flow of a business or other assets in the event of death or disability.
- When the grantor wishes to secure investment advice.
- When the grantor wishes to protect against his own legal incompetence or physical incapacity, or the incompetence or incapacity (physical, mental, or legal) of beneficiaries.
- When the grantor desires privacy in the handling and administration of his assets during his lifetime and at death.
- When the grantor wishes to minimize estate administration costs and delay at death.
- When the client would like to see the trust (and the trustee) in operation.
- When the client wishes to avoid ancillary administration of assets situated in other states by placing title in the trustee.
- When the client would like to reduce the potential for an election against, or a contest of, the will.
- When the client would like to select the state law under which the provisions of the dispositive document will be governed.
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