Five Myths About Living Trusts

There is a lot of mis-information circulating about estate planning, which is understandable given how complicated this area of law really is. Living trusts, for example, are one of the most commonly misunderstood aspects of estate planning, but this should not stop you from creating one, if that is what is in your best interest. An experienced estate planning attorney can help you clear up any confusion you may have about estate planning, and help you get started on creating an ideal will and trust suited to meet your precise needs. According to the Registers of Wills, the following myths are some of the most commonly held among Marylanders.

MYTH #1:  Living Trusts Reduce Taxes

While a “living” trust or revocable trust has many purposes, including avoiding probate and creating certain terms for using the money within the trust, they do not prevent inheritance tax or estate tax. There are other types of trusts that can be created to avoid or reduce estate tax, though only 0.1 percent of people fall into this tax bracket.

MYTH #2:  Probate Should be Avoided at all Costs

Probate does take some time, and can incur costs of up to 10 to 15 percent of the estate’s value, probate is relatively straightforward in Maryland. In many cases, probate costs less than $1,000. For an estate worth $750,000, the probate fee is only $750. In fact, for small estates (valued at $50,000 or less [or $100,000 or less if the spouse is the sole legatee or heir], Maryland has an even faster, less expensive process.

MYTH #3:  Only a Living Trust Can be Used to Avoid Guardianship

While a living trust can be created to make financial decisions for an incapacitated person, so too can a durable power of attorney. In fact, a power of attorney may be a better option for avoiding financial decision making guardianship. Furthermore, if you become incapacitated, you will most likely require a guardianship that takes on the medical and day to day living decision making as well. A living trust cannot, of course, accomplish this.

MYTH #4:  Living Trusts Can be Used to Avoid Creditors

When the grantor of a trust is still alive, the assets within a revocable trust are the property of the grantor. As such, these assets can be pursued by creditors just as if their money was in a bank account or written into a will. A revocable  trust cannot legally shield your assets from creditors, only an irrevocable trust can accomplish that.

MYTH #5:  Living Trusts Ensure Privacy

While it may be possible to keep the trust document from becoming a matter of public record, here in Maryland it is required to file a schedule of the trust assets with the Register of Wills, which is part of the public record. A revocable trust may offer more privacy than a will that passes through probate, or it might not.

Call the Maryland  Estate Planning Attorneys At Frame and Frame Today

Estate planning should be done under the careful guidance of an experienced estate planner. To schedule a free telephone consultation with one of our Maryland estate planning attorneys here at Frame & Frame, call 410-255-0373 today.  We have been serving the legal needs of our community for over 65 years.

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