Helping Protect The Things You Value Most

Living Trust & State Planning

  • WHAT IS A LIVING TRUST
  • TYPES OF LIVING TRUSTS
  • LIVING TRUST SECTIONS
  • LIVING TRUST FINANCING

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As you are approaching retirement, you are at a point in your life that you have accumulated substantial assets: Home, savings, investments, real estate, along with other personal items. These are your life’s savings and it took years of work and effort to now own the things you value. Some day you wish to pass on valuables to your heirs, maybe donate to charity or your church or synagogue; gift something to a close friend, etc. How do you do this? What will happen if I have not prepared my documents correctly? Will it cost me more for not preparing properly?

The most loving thing you can do for your family is to provide for their future security with a Living Trust. Many people don't realize that preparing a Will is an invitation into Probate. That's right…if you have a Will you will most definitely go through the Probate process. Probate will cost your family 5% to 10% of the total GROSS value of your estate, and the Probate attorneys get most of that money.

Please go to my living trust website http://heritagelivingtrust.agency/Gutierrez and learn more about how a living trust can be a valuable and important financial & legal tool designed to protect your assets from probate. Many of your questions will be answered by Maria Gutierrez/agent with Heritage Living Trust; we can help you set up this valuable financial instrument to protect your assets and your desires for whom to pass them on in the future. Call 954-394-8672 or email MariaInsurance@gmail.com

Click HERE to learn more!

WHAT IS A LIVING TRUST

A Living Trust is a legal entity that holds your assets, with you holding control over the assets, serving as the Trustee. It takes the place of a Will with one huge advantage...it avoids Probate! A Will is actually nothing more than instructions to the Probate Court on how to settle your estate, so it actually guarantees your estate will go through the Probate process. A Living Trust settles your estate but it avoids the Probate process. For that reason, you DON'T want a Will...you DO want a Living Trust. 

Your assets are protected from Probate when you make the Living Trust the owner of the asset by titling the asset into the name of the Living Trust. It is extremely hard for heirs to contest the Living Trust while a Will is very easy to contest. A Living Trust protects your assets from the creditors of the heirs and cannot be invaded by creditors at your death. 

TYPES OF LIVING TRUSTS

The A Trust: The "A" Trust is a Living Trust prepared for a single person or in certain circumstances to individuals in a marriage or co-habitation relationship. The A Trust can be useful as a prenuptial entity where an individual’s property and assets are funded into the A Trust before marriage and since they belong to the Trust when the marriage occurs they never become community property of the marriage. Whether this is done on purpose as a pre-nuptial agreement or the A Trust is in place before the marriage by coincidence, it serves to define and hold the assets of a person separate from any other person. Situations where multiple marriages exist are particularly appropriate for this type of trust within a marriage situation since the individuals may own property and assets from a time prior to the current marriage and want to hold that property and assets separate in the current relationship or marriage. Gay and lesbian relationships are another situation where having separate "A" trusts would be appropriate. 

The A-B Trust: The A-B Trust is a Living Trust designed for married couples. It effectively serves as two Living Trusts in one. Each partner has the ability to detail their specific personal wishes regarding their half of the marital estate. It allows for situations where there is a second marriage with children from a former marriage, allowing each marital partner to individually leave their half of the estate to their own children from a prior marriage if they so desire. Who becomes the A and the B trust is not determined until the first spouse dies. The first to die becomes the B Trust and that trust becomes irrevocable at the moment of death. Not even the surviving spouse can change the wishes and instructions left by the deceased spouse. The designation is easily remembered by the "B" Trust means "below ground" and the "A" Trust means "above ground". The A-B Trust gives a tax benefit by doubling the Federal Estate Tax Exemption at the surviving spouse’s death. 

QTIP Living Trust: QTIP means "Qualified Terminable Interest Property" and it is not important that you remember what that means...only that you know when it is appropriate and who it is intended for. It is essentially an A-B Living Trust where the community property value of the estate is higher than the Estate Tax exemption and the surviving spouse is the beneficiary. It is intended to expand the benefits for the surviving spouse. Any Federal Estate Taxes are delayed until the death of the surviving spouse and the surviving spouse gets all of the income produced by the estate assets until the surviving spouse’s death. 

QDOT Living Trust: The acronym QDOT stands for "Qualified Domestic Trust". This trust format qualifies the QTIP portion of the trust discussed above for the marital deduction when the surviving spouse is not a US citizen. It must have a US citizen trustee however. It is only important that you remember that this is applicable only to married couples with assets in excess of the Federal Estate Tax exemption where one of the spouses is not a US Citizen and the desire is to preserve the estate tax marital deduction. 

Special Needs Provision: This provision is designed for the parent with a disabled child who is currently receiving supplemental security income benefits. This kind of plan creates a discretionary trust fund within the parents living trust to avoid disqualifying the lawful right of the child to receive public supplemental assistance.

All of the above are versions of a Living Trust. Each one is appropriate to a specific situation. The vast majority of Living Trusts are either the A Trust or the A-B Trust and you will only occasionally need to work with the other types. 

LIVING TRUST SECTIONS

ABSTRACT: This allows you to show the existence of your Living Trust without having to disclose to banks and other asset-holders what is included in your Living Trust. 

THE LIVING TRUST: This allows your assets to be passed to your beneficiaries privately and without probate.

SCHEDULES OF THE TRUST: This shows your “legal intent” to transfer your assets in case something was to happen to you before the transfer process is complete. Probate may be required for these assets; however the assets will be distributed per your wishes. Separate Property Agreements will be added on A-B Marital Trusts only.

PERSONAL PROPERTY TRANSFERS:You’ll list who will get your “personal” items, the wedding ring, the Mercedes, the jewelry, etc. Your survivors will not have to fight about who gets what.

AMENDMENTS TO THE TRUST: Heritage Living Trust provides free lifetime changes. You will most likely need to make changes; a beneficiary, the age a beneficiary receives their inheritance, change a trustee, etc.  

ASSET DURABLE POWER OF ATTORNEY: You control your assets in the event of your incapacitation by instructing the person or persons you choose who will act on your behalf.

POUR OVER WILL This “catches” any assets that were inadvertently left out of your Heritage Living Trust. Probate may be required for these assets; however the assets will be distributed per your wishes.

LIVING WILL: You decide if you want to “pull the plug,” cardiac resuscitation, mechanical respiration, tube feeding, so your loved ones do not have to make these tough decisions for you.

DURABLE POWER OF ATTORNEY FOR HEALTH CARE: You choose the person or persons that will make health care decisions if you are unable to do so. Don’t leave this decision to others.

BURIAL INSTRUCTIONS: You let your loved ones know where and how you want to be put to rest, what kind of service, music and flowers you want. Don’t leave these decisions to your loved ones.

NOMINATION OF CONSERVATOR:You choose the person or persons that will act on your behalf if you were mentally incompetent. Do not leave it up to the court to appoint someone that will decide where and how you will be cared for.

NOMINATION OF GUARDIAN: You choose the person or persons that would act as Guardians of your minor children or disabled and dependent adult children if you were to pass. *This section is included when the Trustor(s) have minor children.

DONATION OF ANATOMICAL GIFTS: You decide if and where you want to designate the gift of your organs and body, so your survivors don’t have to guess on your behalf.

LAST INSTRUCTIONS TO YOUR FAMILY Let your survivors know that you love them, that you created your Heritage Living Trust to save them grief, doubt, time and money. Let them know that you did your best to be fair and to honor your instructions.

ESSENTIAL DOCUMENTS LOCATION: This gives an inventory of your important documents, life insurance policies, annuities, stocks, bonds, bank accounts, etc. This information insures that all of your assets will be transferred to your beneficiaries quickly and effortlessly.

SETTLOR TRUSTEE INSTRUCTIONS: This gives your Successor Trustee step-by-step instructions on how to settle your estate at your death.

SPECIAL NEEDS PROVISION: You nominate the person or persons to care for your “special need child,” when you pass. *This section is included when the Trustor(s) have Special Needs children.

LIVING TRUST FINANCING

$0 DOWN/NO PAYMENTS/NO INTEREST IF PAID IN FULL WITHIN 6 MONTHS-ON APPROVED CREDIT

BENEFITS TO YOU: Your Trust is shipped as quickly as if paying by check or credit card. Your Trust has no additional fees if paid in full within six months. It takes just seconds to get approved. Credit score requirement applies, read below for details.

The 3 online options to pay for your Heritage Living Trust:

1.) Credit or Debit Card: Click on the "Add to Cart" button of the Trust you are purchasing. Next, click on the "Check Out" tab, then click on the words: “Don’t have a PayPal account?” and complete the "Debit or Credit Card" form.

2.) PayPal: Click on the "Add to Cart" button of the Trust you are purchasing, then click on the "Check out with PayPal" tab and complete the transaction.

3.) "PayPal Credit" No Payments + No Interest Option. Click on the "Add to Cart" button of the Trust you are purchasing. Next, click on the "Check Out" tab, then click on the words, “Don’t have a PayPal account?” then click on the “PayPal Credit Special Offer” tab and complete the form on the Bill Me Later page.

 

Here's how to apply for the PayPal Credit Option:

1.) Type this in your address bar: http://heritagelivingtrust.agency/Gutierrez

2. Click on the "Buy Now" button of the Trust you are purchasing.

3. Click on the "Check out with PayPal" button.

4. Click on the button.

5. Click on the “PayPal Credit Special Offer” tab and complete the form on the Bill Me Later page.

Click on the link: http://heritagelivingtrust.agency/Gutierrez to learn more!

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