By Jay Citarella
At its core a living trust is a fairly basic document. In fact, designed properly, it can take care of a lot of different needs.
The main purpose of a living trust is to transfer assets to heirs in the most efficient manner possible. Tending to various needs surrounding accidents, disabilities or severe illness is another function of a trust.
If it sounds like you need to be rich to have a living trust, the answer: “No, you do not have to be rich.”
Typically a basic living trust, prepared by a qualified attorney, will cost somewhere between $1,000 and $2,500. While that isn’t pocket change, it still doesn’t require someone to be rich to afford one.
In fact, if you look at what it can save an estate at the time of transfer, there aren’t many better deals out there. Why do so many people believe living trusts are only for the wealthy?
Let’s break down a living trust to see what it’s really about. While they are full of complex legal jargon and have many options making them customizable, their job is fairly simple.
The main purpose of a living trust is to allow the deceased person’s or couple’s estate (assets) to pass on to heirs without probate. A trust also ensures exact wishes are carried out, no matter how outrageous or complex.
What’s so bad about probate? That answer is simple. Probate costs money and the deceased’s wishes may not be carried out completely.
When talking about the need and cost of probate, I believe it becomes obvious that living trusts are not just for a rich crowd.
Delete – Merge UpIn general terms, if your estate is worth more than $100,000 it probably has to go through probate to pass on to heirs. Certain assets, like life insurance, retirement plans and assets held jointly with someone else, don’t count in this figure.
However, most other assets do count and the largest asset has a rule attached that surprises most people. The amount used to calculate the value of a home is total value, not equity.
If your home is worth $500,000 and you owe $400,000, fees are calculated based on the worth of $500,000. Even if you’re upside down and owe more than the value of the property, fees are still calculated on the approximate value.
Because of home ownership, many people’s estates are worth well over $100,000 simply because of their property’s gross value.
So no, a living trust is not just for rich people.
So what’s the cost of probate? There’s actually a sliding scale that begins at 4 percent for the first $100,000 of value.
The rate goes down to 2 percent as the value gets closer to $1 million.
The probate rate then holds stable at 1 percent for the next $9 million and, finally, the fee drops to one-half percent for the next $15 million. What does this mean in real dollars? Here it is.
If you have an estate that only has $100,000 in eligible assets, probate would cost the estate $4,000.
Assets of $500,000 would cost $13,000, and $1 million would cost the estate, or your heirs, $23,000.
Even at the lowest level property value, the probate cost is double or more than the cost of the document that allows you to avoid probate – a living trust. Pretty good deal right?
I haven’t even discussed many other great things a living trust can do for you and it’s already obvious that it’s a great deal financially.
The larger your estate, the better the deal, but it’s definitely not something that requires a high level of wealth to make sense.
When you factor in the control you get over exactly how your assets will be distributed, what’ll happen to your minor children and the assets they’ll inherit, the need and benefit of the trust becomes more obvious. Some of the other tasks the trust can accomplish involve decisions that might need to be made if you’re unable to make financial decisions due to a lack of capacity.
You may also record your final wishes should a life decision need to be made. What a great gift to your family, allowing them to avoid such a huge and potentially emotionally difficult decision.
If you have assets, minor children or the desire to gain control over your future and the future of your estate, I urge you to consult a qualified adviser or attorney.
You may be rich enough to benefit from this very important document — or you it may be that you’re simply smart enough to get one.
Jerry Citarella, www.InfinityGoals.com.