The upfront costs of creating a Revocable Living Trust is almost certain to be higher than creating a Will, but a Revocable Living Trust may be cheaper in the end. Why? The Revocable Living Trust typically avoids the time and expense of probate. » Read more..
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Which is better – a trust written inside a Will (a Testamentary Trust), or a Revocable Living Trust? The answer depends upon your situation and preferences.
A Testamentary Trust only becomes effective upon your death, at which time the trust becomes irrevocable. A Revocable Living Trust is effective as soon as you create it during your lifetime, and is amendable and revocable until you become mentally incapacitated or die. » Read more..
When adults fail to plan for how they or their property should be managed in the event that they lose their mental capacity, they may find themselves under the care of a guardian and/or conservator appointed by a Minnesota court. Guardians and conservators cost money, and they are under court supervision. » Read more..
Consider these consequences if you die in Minnesota without an estate plan:
- If you and your spouse die while your children are under age 18, the State of Minnesota will select a guardian for them, and you may not like the state’s choice. Solution: A Will enables you to nominate a guardian for your minor children.
- As soon as they turn age 18, your kids will get access to all of the money and property that they inherit from you, and they’ll be able to spend the money however they wish. Solution: A Trust can be written to control the ages at which your children gain access to the money and property that they inherit from you. » Read more..