What is better a trust or a will?and which type of trust?

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I just have a house (value: $600,000; I am paying mortgage still), some personal belongings (not really valuable) and two adult children. I want to leave everything to them.

7 Attorney Answers

Best Answer
Wills are cheap in the short term, but they can be expensive for your family in the long run. A living trust, properly funded, is often the best plan from the overall viewpoint of saving money for the family. Some people care about the cost out of their own pockets to save money later for the family, some don't. It depends on your view.
A properly drafted Trust package, with the necessary ancillary documents (including a pourover Will, Nomination of Conservator, Advance Health Care Directive, and
Power of Attorney
for financial matters at a minimum), and the documents needed to transfer your assets to the Trust, will cost you from about $2,000 up, depending on the documents and your assets. HOWEVER, NOTE that a fee for a complete Trust package (even if it is several thousand dollars) is far less than the potential statutory probate fee that will be charged to your estate when you die if you still own the house. You can pay the Trust fee now to save your family fees later. If you don't set up a Trust, your children will bear the probate fee when you die.
If you use a simple Will to pass your estate to your children, the cost to you now will range anywhere from $500 to perhaps $1500 for a complete set of documents including the Will, Nomination of Conservator, Advance Health Care Directive, and Power of Attorney for financial matters. HOWEVER, when you get sick or die, your children will have to pay additional attorney fees to handle a Conservatorship for you, or to probate your Will.
The probate fee on a house valued at $600,000 is set by statute, and is $15,000 each to the attorney and the personal representative. If you have additional assets to probate the additional fee will be 2% of those assets up to $1 Million. If the total estate is valued at from $1 to 25 Million, the additional fee on those assets ranges from 1% to 1/2% of those additional assets.
BOTTOM LINE? Don't try to do your own estate plan without the advice of an estate planning attorney. Consult with an estate planning attorney, and review the estate planning options available and suitable for you. Many estate planning attorneys offer a courtesy initial consultation to discuss your plan with you.
It is impossible to say without further information. With that said, I recommend that most clients in your situation have a will, a fully-funded revocable trust,
power of attorney
and living will/health care proxy. Most estate planning attorneys will meet with you for 45 minutes to an hour on a complimentary basis. Thus, your best bet is to meet with two or three attorneys and work with the one with whom you feel most comfortable. Good luck to you.
In your case, a Revocable Living Trust would be fine. Along with the Living Trust would typically come the Powers of Attorney, the Pour-Over Will, Health Care Directive, etc. See Avvo.com under Find-A-Lawyer and enter 'Estate Planning' and 'Laguna Beach'. If you need recommendations, I can give you several quality Estate Planning attorneys in Orange County. Good Luck to you!!
You should have both. The will as a back up and the trust to avoid probate. Probate is based on gross not net value. Probate of a $600K estate is a statutory fee of 15K to the attorney and 15K to the personal representative as well as $435 fee for the petition for probate and to close the estate as well as approximately $600 to the probate referee.
You should contact an estate planning attorney.
Living trust for sure. It's not even a debate unless you wish to enrich a probate attorney after death.
If you are a resident of California and your assets exceed $150,000, a probate proceeding will be required to administer your estate. Additionally, if you own any real property located within California, which exceeds $20,000, a probate proceeding is similarly required.
Here, since you own real property in California worth $600,000, it is advisable to set up an integrated estate plan that includes a revocable (sometimes called a "living") trust. Generally, a simple revocable trust-based estate plan will include the creation of a revocable trust, pour-over will, Advance Health Care Directive, and Durable
Power of Attorney
.
While it may not seem like the most exciting task to complete, many clients have told our office that they feel quite relieved once they have their estate plan in place. While it involves a small investment and some time up front, most people tell me that they are pleasantly surprised that the process was actually less daunting than expected, and that it is worthwhile because it provides the security of knowing that their loved ones will be appropriately cared for in the future.
As such, my advice would be to contact an attorney in your area that specializes in estate planning and get a plan in place. Best of luck with the creation of your estate plan.
A living trust allows the passing of your property without any probate proceeding in court. A living trust would save on attorney and executor fees and result in a quicker and more efficient settling of the estate. You should contact an attorney to help your prepare an living trust estate planning package which would include a revocable trust, pour-over will, Durable
Power of Attorney
, and Advanced Health Care Directive.

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