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LIVING TRUSTS & WILLS
The
Revocable Living Trust
is a wonderful estate planning tool which is designed to avoid a
probate court proceeding at your death and to insure privacy by not
having to file a probate inventory with the court which becomes open
to the public view.
The
Revocable Living Trust
also provides
for the administration of your trust property and estate in the event of your
disability or incompetence. Without it, your loved ones may have to
file with the court for a guardianship or conservatorship over you
and your estate which can be very costly proceedings as well as very
public.
You have
complete
control of the Trust during your lifetime as you are the
Trustee
("administrator"). When you become disabled or unable to carry on
your duties as Trustee, you name someone whom you trust to take
over those duties for you ("Successor
Trustee").
At your death the Successor Trustee transfers your property to your
beneficiaries without the necessity of a probate court action.
Besides avoiding the
cost of a court probate proceeding,
a
trust can
avoid the payment of federal estate taxes which are imposed by
reason of your death.
|
Year |
Exemption Amount |
Beginning Tax Rate |
Top Tax Rate |
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2008 |
$2,000,000 |
45% |
45% |
|
2009 |
$3,500,000 |
45% |
45% |
|
2010 |
Repealed |
-?- |
-?- |
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IMPORTANT...
Without a properly
structured Trust, if one of you dies and leaves everything to your
spouse, should the surviving spouse die, one of the exemption amounts will be lost and the Federal
Estate Taxes will have to be paid 9 months later.
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