One of the most important things a person could do for their loved ones is make a living will or a trust in order to protect them after they have passed on. Many people feel that they can’t afford such a task due to other financial obligations and this may be true, however, making out a will or a trust will help to insure that an individual’s loved ones are cared for in the way they are accustomed to. A solicitor probate and living trusts attorney from Hong Kong would be able to draw up all the paperwork for a living trust and help them avoid probate.
The difference between a will and a living trust is that a trust is property management where one person, the trustee, will manage the assets for benefit of the beneficiary. Some of the trusts can be tax-motivated, revocable or irrevocable, tax-neutral or testamentary. Living trusts have a special ’sub’ category in trusts and could also be tax-neutral, revocable and will operate during and after the life of the one who initiates it. In other words, whoever sets up the living trust has the power until they pass away.
The sole responsibility lands on the creator of a living trust and only if they become unable to carryout their own wishes, such as if they become disabled, and then they can not manage their own living trust. If they do become disabled or otherwise incapacitated, the duty of carrying out the trust goes to the next person, the person they have named to carry out the duty. If and when the creator of the trust passes on, the trustee or alternate trustee is charged with distributing what has been left behind by the creator of the trust.
A will is only a legal tool. If the creator of the will passes on, then it will be in effect. The job of a will is to give an individual the ability to specify who they want to have what when they die. If they want certain relatives to have a collection of something, then they put it in writing and put it in the will. The executor of the will is the person in charge of the paper and they work with the solicitors and attorneys, helping them make sure everyone gets what they are supposed to. A will may also carry with it a trust, but only part of a will could be a trust and only part of it would be ready to pass through probate.
The legal process that an executor for a person’s will goes through to activate it is called probate. This basically allows legal credentials for an executor of a person’s will to be granted as they see fit. It also eliminates a need for the court to get involved with supervision duties and if this is succeeded, then one has a well crafted will. Avoiding probate is the major goal of a will.
A living trust or some people call it a substitute will, could be an effective way to plan for the future for some people. One of the major advantages is that the property from an individual’s death would go straight to their heirs and not to the probate courts. The probate courts would hold up the division of the property and proceeds for long periods of time, leaving a person’s loved ones without what they need. Basically, probate is the process that the court uses to examine a person’s trust or will and then the probate court will stamp it valid or not.
In order to avoid probate, people could fund a trust. This means that the assets, all the property, cars, home, etc; would be put into the trustee’s control and name and then remain there. When the trust’s creator dies, it will signal the trustee to begin the practice of handing out the creators assets per any provisions from the trust.
A living trust or will is not for everyone, yet everyone should consider it. They are expensive at between $2 and $3000 a write-up. Everything a person owns, including money and personal property must be listed on the trust or in the will. Any retirement or cash accounts must also be listed. The job of the solicitor is to make sure everything is on the list and will be divided up between the living heirs equally or to what they person who passed away has stated. Unfortunately, many people believe, wrongly of course, that a living trust allows them to save money on taxes, estate taxes to be exact. This is not true. If a QTIP trust or a pair with a bypass trust is made, then perhaps the individual will save on the estate taxes. Contact Tony Yuen for further information.
Mr. Tony Yuen can assist you in preparing for the financial well-being of your loved ones after you are gone by helping you realize the importance of probate and living trusts. Planning ahead for wills and probate issues helps to remove economic considerations during a time of grief.