Will vs Trust
Do you need a Will or a Trust?
Get a free guide for you to decide which will be better for you.
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Our company started doing estate planning in 2010. Since then, we have completed over 1,200 estate plans. All About Trust (aka AAT Document Services Inc.) is a legal document service connected to estate planning attorneys across the country.
Our On-line Estate Planning System has been specifically designed using Intelligent Interactive Interview to greatly reduce the amount of attorney time that is customarily necessary to create an estate plan. By using All About Trust you can eliminate the apprehension and high cost of creating your estate plan, while still getting the same, step-by step, interactive approach that attorneys use in person, to help you create online wills and living trusts. This means that when you use Lead with Trust you will not get a one-size-fits-all solution because each document will be tailored specifically to comply with your personal requirements.
As you go through the Intelligent Interactive Interview, when prompted, answer the questions with the information requested. The Intelligent Interview system will ensure you receive the right plan for your specific needs. Additionally, our estate planning team of experts will personally do the final review of the documents with you before they are shipped to you!
If you are interested in more traditional in-person services, we have a network of attorneys across the country. You can upgrade our services to have an attorney review your documents to confirm they will meet your specific requirements, or we also have local attorneys that will personally draft your documents.
Whether created through our unique system, reviewed by an attorney, or drafted by a local attorney. All documents are created to meet your specific requests and comply with all applicable state laws.
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Use our secure site, to create your account, answer a series of questions about your personal situation using our dynamic Interview which can be completed in one or more sessions as needed. This information will be used to create your Documents.
Once you have created your account, you may start the interview process or we can schedule a telephone consultation to answer any questions to ensure your estate plan is customized to fit your specific situation.
Receive Your Documents
Once you have completed the Interview, your customized estate planning documents will be emailed or express mailed to you along with instructions on how to properly sign your documents, notarization and how to transfer assets to your trust (if applicable).
LET'S GET STARTED
A will is a document that dictates only three things:
1) Who will be in charge, the executor
2) Who care for minor children, the guardian and
3) Who gets what… A will has no application during your lifetime and only springs into operation upon your death.
At the time of your death, everything you own becomes what is referred to as your “probate” estate.
A revocable living trusts is an entity just like a business. As a way to avoid probate since trust assets are transferred to the trust while you are alive, and the trust document provides instructions and the power to distribute assets upon your death or incapacity.
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GETTING STARTED WITH ESTATE PLANNING
Step 1 -
Along with some basic contact information about you and your beneficiaries there are 5 key decisions you will need to make to generate the documents.
Your spouse will always be the first, this will be someone after your spouse.
- Who will take care of minor children if something happens to you? This is the guardian. Also choose an alternate.
- Who will make financial decisions for you in case of incapacity? This is the power of attorney. Also choose an alternate.
- Who will make medical decisions for you in case of incapacity? This will be your Health Care Agent. Also choose an alternate.
- Where will your asset go when you die? Do you want things divided equally? Divide things in percentages? At what age?
You can explain this.
We will review this after the questionnaire is complete.
Instructions for transferring the assets will come with the documents.
You will receive a Trust Funding Workbook. This will be a checklist to identify your assets as well as a tool to keep your Trust updated.
Here are the main categories involved in the funding of your trust:
BENEFITS OF ESTATE PLANNING WITH US
If you own real property in another state, that property will have to go through probate in that state (know as an “ancillary probate”), in addition to a probate in Texas of residency. With a living trust you can avoid these additional probate proceedings and have that property pass to your beneficiaries immediately according to the terms of your trust.
Probate is a court procedure that is required if your assets are distributed without a will, under a simple will or under a will with a testamentary trust. In court probate proceedings, the court changes the legal ownership of your property when you die.
With a living trust, however, assets are not frozen and can be distributed to your designated beneficiaries immediately without the highly technical requirements of probate disposition.
The disgruntled heir would have to hire an attorney and file a civil suit against each beneficiary. The trust assets can also be protected from judgment creditor’s claims and/or lawsuits filed against you or your beneficiaries. In addition, you can protect a distribution to a beneficiary from being reached by the beneficiary’s creditors, from alimony attachments, from Medi-Aid spend down requirements, and even from the beneficiary him/herself.
All of these fees and expenses can significantly reduce the estate to be distributed to your beneficiaries.
With a living trust these fees and costs can be greatly reduced. Your assets are transferred immediately to your designated beneficiaries outside the court system and in accordance with the directions specified by you in the trust agreement. Costs of administration of a living trust are minimal and are generally based on the actual time and/or services required.
Additionally, with a trust, you can continue the management of a beneficiary’s assets to whatever age you desire; certainly beyond age 18 (the age at which ALL guardianship must terminate).
The management of a beneficiary’s assets can include disbursement of assets and/or funds in increments, according to the directions you put in the trust (e.g., 1/3 distribution at age 25, 1/3 distribution at age 30, and the balance at age 35). Of course, the trustee can use any or all of the trust principal for the benefit of the beneficiary during this period. Also, if there is any question of management skills or capacity of the beneficiary, or to insure that your estate does not go to a son-in-law or a daughter-in-law, the trust can continue for the child’s lifetime and then pass to the child’s issue at his or her death. This will also keep your assets in your family rather than having them be subject to attachment by the state for medical treatment.
A living trust is created during your lifetime and is funded with most or all of your assets by simply re-titling the assets to yourself as trustee.
A living trust is LIVING in that it takes effect immediately. You continue to enjoy all the present benefits of your assets without any changes in your ability to control them.
A living trust is revocable during your lifetime, which means that its terms are changeable and assets in the trust can be re-transferred to your name if desired without adverse tax consequences.
A living trust is a private agreement where the distribution of assets under the terms of the trust is not subject to the publicity given to wills in probate proceedings.
The complete flexibility of a revocable living trust means that one can be drafted to suit your individual needs and family situation.
When you create a living trust you can act as your own trustee, so there are no management fees or loss of control. You can change or modify the trust terms at any time, change beneficiaries, add or delete assets held by the trust without tax consequences.
A living trust does not complicate the management of your assets. While protecting your property within a living trust, you can do whatever you can do now with your assets and property. You can buy, sell, borrow, make gifts, etc. With a living trust you retain control over all your property and assets during your lifetime, and you determine distribution of your estate after your death. Since a living trust is revocable, it has no income tax consequences during your lifetime; no separate tax return is even filed, and all trust income is reported under your social security number.
With a living trust, you are also appointing someone else (a professional, a trusted friend, or a family member) to manage the assets in your trust for your benefit in the event of your incapacity (e.g., Alzheimer’s, a stroke, an accident, etc.) and, because the assets are in a trust, no court administered conservatorship will be required. Under a living trust, you have the successor trustee of your choice ready to step in and take over your affairs until you recover, or for the remainder of your lifetime.
Reasons why you will be glad you chose us:
- You can be assured that your estate plan is complete and customized to your specific situation.
- You only pay when you know the value is present.
- You are always in control of your estate plan
- Our plans cost less increasing their value.
- Our process takes less than a week to deliver your documents to you.
- We give you secure online access and move at your pace.
- You can “Update or Amend” your plan easily at any time in the future!
- You can Refer Others to us and generate additional income.
We offer you three options to complete your own personal estate plan with the involvement of an attorney at your request.
Legal advice is available as an option. You may simply request that an attorney review your completed document to assure you that it appears to meet your objectives. Or you may ask the attorney to discuss with you the various options, and have the attorney make changes to the documents based upon your discussion. The fee for either of these additional options is indicated on the pricing schedule.
We provide you with the ease and reasonable fixed fee of an on-line estate planning service together with professional legal advice, if desired
You can complete the Estate Planning and know what you’re getting prior to payment.
We are available by telephone for mutually convenient weekend or evening appointments, as well as regular business hours.
Our fixed fee pricing structure includes all the documents to fit your specific needs and protect your family in the event of incapacity or death.
GET STARTED WITH US
Here is an in-depth look at how the estate planning process works:
- Register your account
- Complete the online questionnaire.
- Once this questionnaire is completed, check the box finished.
- We will review and coordinate together the details of the shipment of your Trust.
- Payment is made.
- Final estate planning documents will be mailed to you with detailed instructions on how to proceed with signing or executing your documents.
- Self-prepared: Documents will be shipped directly to you. Either via email or print. Your choice.
- Attorney reviewed: Review requested, then documents shipped with review letter directly to you.
- Attorney prepared: Your information will be forward to local attorney. Delivery will be done by Attorney.
- After the signing and notarizing your documents, proceed to funding. You will schedule a time using our online scheduling tool to review and transfer all assets to your trust.
- After funding, schedule our first of many reviews to keep your trust updated.
All About Trust offers three different Estate Planning options.
Self-Prepared estate plans: This process is done online for individuals and both traditional and nontraditional married couples.
All documents drafted by attorneys and meet all state laws.
Attorney reviewed estate plans: This process is done by using our nationwide network of attorneys to review the documents and confirm that the documents meet all requirements for your specific situation. Attorney reviewed documents provide a next level confirmation and peace of mind that it will protect your family when that time comes.
Attorney prepared estate plan: This process is done by using our nationwide network of attorneys when just reviewing the documents is not enough. When you feel that only an attorney will prepare the documents exactly the way you need, we have attorneys that are well versed in all matters of estate planning. This is offered to confirm that your legal matters are protected.
Because our services are flat fee based to ensure that you know exactly what you will pay when you select one of our estate planning solutions. You will never be surprised by an unexpected expense or unusually high legal bill.
When dealing with legal forms people often fill them out incorrectly or answer questions in such a way that winds up causing harm they had not intended, and by that time it’s too late to fix! One other websites (e.g. LegalZoom) which provides at least minimal options for the completion of your estate plan still uses a “bait and switch” by charging you separately for all of the other necessary documents, and then again for Attorney Support monthly subscription based plan. By the time you pay for all of the extras (which we include for free) you are paying more than our price but not receiving the completeness, sophistication, or quality that All About Trust offers via our software, our support, or the comprehensiveness of our documents.
Summary of Estate Planning Provisions
Revocable Living Trust
Declaration of Trust
Certification of Trust
Assignment of Personal Property
Instructions for the Distribution of Personal Property
The Last Will and Testament
Powers of Attorney
Advanced Health Care Directives
HIPAA Authorization and Waivers
Final Disposition Instructions (i.e., “Burial Instructions”)
Instructions for Transferring Assets to Your Trust
Complete Funding Support. (Your trust must be funded correctly!)
Trust Funding Workbook –
Keeps your Trust updated throughout your life
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