Who can be my executor?

Who can be my executor?

Anyone aged 18 or above can be an executor of your will. There’s no rule against people named in your will as beneficiaries being your executors. Many people choose their spouse or civil partner or their children to be an executor. But that doesn’t mean they have to write them out of the will.

Is there an alternative to a will?

A living trust (also known as a “revocable trust” or “inter vivos trust”) can be an alternative to a will. Like a will, a living trust may direct the distribution of your property upon your death. And, like a will, a living trust may be altered, or revoked, at any time prior to your death.

What is a poor man’s will?

A poor man’s estate plan is when you simply just add all of your adult children to all of your accounts and property (joint tenancy) instead of getting a will drawn up. It is called a “Poor Man’s Will” because it doesn’t require hiring a lawyer for your estate planning needs.

Do I need both a will and a living trust?

If you make a living trust, you might well think that you don’t need to also make a will. After all, a living trust basically serves the same purpose as a will: it’s a legal document in which you leave your property to whomever you choose. But even if you make a living trust, you should make a will as well.

Does everyone need a living trust?

A living trust isn’t absolutely necessary for everyone but it will certainly help if, for instance, you have a lot of assets, you own property in more than one state, or you have an extended family where things could be more complicated. Also, it’s not just a question of how much money or property you have.

Can I do my own living trust?

You don’t have to file the trust with any court or agency, just keep in a secure location with fairly easy access. Creating a living trust on your own is an easy way to create a plan for the management and distribution of some of your assets.

How much does it cost to have a living trust prepared?

The average cost for an attorney to create your trust ranges from $1,000 to $1,500 for an individual and $1,200 to $1,500 for a couple. Legal fees vary by location, so your costs could be much higher or slightly lower.

What documents are in a living trust?

This should include the titles and deeds to real property, bank account information, investment accounts, stock certificates, life insurance policies, and other assets you will be using to “fund the trust”. Having this information available will make it easier to prepare your trust distribution provisions.

How do you name a living trust?

The name of the trustee of the trust will be on title of your trust assets. So, if you put a bank account into your trust, you would need to rename the bank account to be your name, as trustee, followed by the name of the trust. For example, if someone named John H.

Can two trusts have the same name?

Technically you could name it anything, but it is better to use a relevant name like The John Smith Revocable Trust. Even if there are 1 million Smith Trusts out there they will not name the same trustee as you, the trust will not have the same…

What are the most common types of trusts?

While there are a number of different types of trusts, the basic types are revocable and irrevocable.

• Revocable Trusts.
• Irrevocable Trust.
• Asset Protection Trust.
• Charitable Trust.
• Constructive Trust.
• Special Needs Trust.
• Spendthrift Trust.
• Tax By-Pass Trust.