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living Trust?

my parents and i have a living trust, which includes the house my parents own. lf i get married and later divorced, can my ex-wife touch anything in that trust or try to claim the house in the trust?

Answer:Probably not unless you contribute financially to house payments, upkeep, improvements, taxes, etc. However, this is really a question of state law that varies from state to state. Contact a divorce attorney in the state in which you live.

Is A Living Trust Still Important When Your Assets Are Under A Loss?

With the current housing bust, the main asset our house (in my name only) is losing value day by day. And I still have not signed up for a Living Trust to help transfer my assets to my wife and children. Now I'm wondering if by signing a Living Trust I'll put undue financial burden on my wife who is currently not working. Also I want to make sure the money in the Life Insurance, Savings Account,401k and the cars go to my wife if I die. Do I still need a Living Trust for these? Can I hold off on a Living Trust until my main asset gains value? What are the risks? Just clarifying ... I totally understand the benefits of a Living Trust. My question is whether I delay getting a Living Trust until my main asset really acquires some value.

Answer:A living trust helps you to pass your estate to your children or grand children while avoiding probate (having your estate seized and going through court). Probate is a big rixk and very often messy. There are many different type of trust: living trust, generation skiping trust, dynasty trust, etc... It all depends what you are trying to achieve. If well set up trust can also help in reducing the estate tax (sometime to $0). All depends on the type of trust, your marrital status and the amount of estate that you have. What a trust does is to pass your estate to another family member while you are alive, and while you keep control of your estate (i.e. managing it or benefiting from it). At your death the family member will become the full owner. Tax can be avoiding if you are married, by dividing your assets between you and your spouse, and then passing the benefit of your trust to your surviving spouse which in essence will lower the threshold of assets for your children. For example: if you have $3M in asset and the estate tax kicks in at $2M (fed estate tax is 45%), you can divide your assets $1.5M each between you and your spouse. Set up 2 living trusts of $1.5M each for your children or grand childrem (or whoever in your family). Trust A and Trust B. Upon your death the benefit of your $1.5M trust A will go to your surviving spouse (she/he will keep the benefit but the assets will be under the children's names). Since when you die your trust A is less than $2M the children will not pay taxes. When your spouse dies same thing: her/his trust B is less than the $2M the children will not pay taxes on her/his trust B. At the time of your spouse death your trust A has already been passed to your children. It's already theirs. The end result is that they have receive Trust A of $1.5M and Trust B of $1.5M, each trust being less than the $2M taxable threshold. The problem is that estate tax and law is changing every year until 2010. It will the revert back to $0. Next year is an election year and estate law might change with a new president and congress so you cannot rely on what the threhold is. Finally you cannot based the value of your estate on what today's housing market is doing unless you plan to die today. Seek a financial planner and lawyer advice. Good Luck

Is A Land Trust Or Living Trust Best For Home Ownerhip?

Hello, I need to create some kind of Trust to hold my house title and my car title. My main concern is privacy due to a stalking incident. I've been told by a lawyer that a Land Trust would protect my privacy and would be less expensive than a Living Trust. But then I would need a Personal Property Trust or something similar for my car. Does anyone have experience or dealt with this type of situation? Living trust or Land Trust? If Land trust, what do I do for titling my vehicle? Thanks!

Answer:I'd go with a Revocable Living Trust. You can title both your house and your car in it. It is flexible and you can change it at any time. And it should not be very expensive.

What To Do After Inherited A Living Trust?

My mom had a living trust set up when she was alive. She recently passes away and I am the beneficiary of her trust. So now I am the owner of her property, do I need to set up a new revocable living trust under my name and change everything that is under her trust to my new living trust?

Answer:Well first of all, you're not the owner of her property. You're the beneficiary of the trust. Someone else, the trustee, has legal title. In fact, if you do have legal title its not a trust. Either way, you need to speak with an actual lawyer.

How Do I Create Living Trust Without Using A Lawyer?

I want to understand the detailed process for creating the Living Trust and what are the Tax benefits? I'm a legal resident of the Los angeles California and have a young daughter. Want to make sure I plan for her future. I don't have the money to go to a CPA or to an attorney. also are there any free services available?

Answer:The previous posters are correct in recommending software. However, I would suggest you give serious thought to this before you proceed. If you can't afford a CPA or attorney, you have other issues to consider. 1) do I have sufficient assets that I need to be pursuing this now? 2) Can I afford the fees associated with following thru with this.(filing fees, transfer fees) If you have real estate you will have costs associated with transferring it to the Living Trust. Check with your state CPA association or Attorney group and see if any free services are available. Another good source of information would be a local university. Most have knowledgeable professors on staff who could consult with you for free or at discounted rates. Hope this helps.

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Make Your Own Living Trust
Average Rating: 4.5
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Author: Denis Clifford Attorney
Manufacturer: NOLO
ISBN13: 9781413309331
Condition: NEW
Notes: Brand New from Publisher. No Remainder Mark.
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Living trusts made simple! Protect your family with this bestselling book.

Death may be inevitable, but probate doesn't have to be. By creating a living trust, your property will bypass lengthy and expensive probate proceedings and go directly to the people you've designated, quickly and easily.

Make Your Own Living Trust explains how to create a living trust, transfer property to the trust and amend or revoke the trust at any time. Specifically, it covers how to:

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  • appoint someone to manage property left to minors or young adults
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    Make Your Own Living Trust includes all the forms you need -- as tear-outs and on CD-ROM -- to create your own trust, plus step-by-step instructions for filling them out. Completely updated and revised, the 9th edition covers the latest laws and information about federal and state estate taxes.

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    List of Forms
    Form 1: Basic Living Trust for One Person
    Form 2: Basic Shared Living Trust
    Form 3: AB Living Trust
    Form 4: AB Disclaimer Living Trust
    Form 5: Witness Statement for a Florida Living Trust
    Form 6: Assignment of Property to a Trust for One Person
    Form 7: Assignment of Shared Property to a Trust for a Couple
    Form 8: Amendment to Living Trust for One Person
    Form 9: Amendment to Basic Shared Living Trust or AB Trust
    Form 10: Revocation of Living Trust
    Form 11: Basic Will for One Person
    Form 12: Basic Will for a Member of a Couple
    Form 13: Affidavit of Successor Trustee

    The Living Trust Advisor: Everything You Need to Know About Your Living Trust
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    Quicken WillMaker Plus 2009
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    Your Will - Provide for family, friends and charities. Name a personal guardian to care for young children. Specify the executor (or personal representative) of your estate. Select a trusted person to manage property left to young people. Revise and update your will whenever you like
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    The Living Trust : The Failproof Way to Pass Along Your Estate to Your Heirs
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    If you are concerned about estate planning you may be surprised that, even with a will, the probate system can eat up as much as 10 percent of an inheritance and delay the process two years. In The Living Trust, noted living trust authority Henry Abts presents a simple, inexpensive legal alternative that eliminates the costs and delays of probate and ensures that your loved ones will receive their inheritance promptly and exactly as you intended. This new edition has been completely updated to reflect the federal tax codes and up-to-the-minute developments in the legal system.

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    The Complete Guide to Creating Your Own Living Trust: A Step-by-step Plan to Protect Your Assets, Limit Your Taxes, and Ensure Your Wishes Are Fulfilled
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    You worked hard for your money, so it's only natural that you want some control over what happens to your assets in the event of your death. At the very least, you probably want to minimize or avoid potential hassles and headaches for your loved ones. A living trust, created while you're alive, lets you control the distribution of your estate. You transfer ownership of your property and your assets into the trust. You can serve as the trustee or you can select a person or an institution to be the trustee. If you are the trustee, you will have to name a successor trustee to distribute the assets at your death. A living trust is probably the best strategy to avoid probate, protect your financial privacy, and provide long-range planning advantages. If you want to protect your assets and make sure they are distributed according to your wishes, you should think about establishing a living trust. It can be designed to manage your investments now and provide broader financial management later to make provisions for a surviving spouse, children, or other family members, and to reduce the impact of estate taxes or avoid probate. What are the advantages of a living trust? Properly drafted and executed, it can avoid probate because the trust owns the assets not the deceased. Only property in the deceased's name must go through probate. The potential downside? Poorly drawn or unfunded trusts can cost you money and endanger your best intentions. Many books on estate planning and living trusts indicate you do not need the services of an attorney, while we highly recommend an attorney versed in this area to assist you. We do not recommend going through the process alone. What this book will do is explain the complicated issues, terminology, and planning strategies of living trusts to the layperson (me and you). When you meet with a qualified attorney you will be well prepared, versed in the language, and ready to discuss issues and strategies that you will be familiar with, saving time, legal fees, and ensuring peace of mind. Get started today with the help of this new book.

    In Cod We Trust: Living the Norwegian Dream
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    Manufacturer: Univ Of Minnesota Press
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    Eric Dregni’s great-grandfather Ellef fled Norway in 1893 when it was the poorest country in Europe. More than one hundred years later, his great-grandson traveled back to find that—mostly due to oil and natural gas discoveries—it is now the richest. The circumstances of his return were serendipitous, as the notice that Dregni won a Fulbright Fellowship to go there arrived the same week as the knowledge that his wife Katy was pregnant. Braving a birth abroad and benefiting from a remarkably generous health care system, the Dregnis’ family came full circle when their son Eilif was born in Norway.

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    Dregni’s Scandinavian roots do little to prepare him and his family for the year in Trondheim eating herring cakes, obeying the conformist Janteloven (Jante’s law), and enduring the mørketid (dark time). In Cod We Trust is one Minnesota family’s spirited excursion into Scandinavian life. The land of the midnight sun is far stranger than they previously thought, and their encounters show that there is much we can learn from its unique and surprising culture.

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