Do I need a living will/trust?

In the United States, a living trust refers to a trust that may be revocable by the trust creator or settlor (known by the IRS as the Grantor). Living trusts are often used because they may allow assets to be passed to heirs without going through the process of probate. Avoiding probate will normally save substantial costs (the probate courts, in some states, charge a fee based on a percentage net worth of the deceased), time, and maintain privacy (the probate records are available to the public, while distribution through a trust is private).
Living trusts also can be utilized to plan for unforeseen circumstances such as incapacity or disability.

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What is probate?

Probate is a judicial process whereby a personal representative is appointed to handle and distribute the assets of a person who has died (the “decedent”). Assets are anything a person owns of value, such as real or personal property, cash, etc.

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