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Wills Or Living Trust – Which Should You Choose And Why?

By Author: Carl Glendon
Total Articles: 136

Wills and living trusts bear innumerable similarities which often tend to blend the fine line of demarcation that exist between the two. For example, both wills and living trusts are created to decide usage and distribution of property / asset of the current owner. Besides this, both living trust forms as well as last will and testament forms can specify how debts and taxes are to be shouldered after the latter is no more, provisions for children in case of unexpected demise, appointing guardians for the children under mentioned situations etc.

Similar as they may be, last wills and living trusts have certain striking differences. Here is a small list of these differences that can help in determining which is more suitable to your interests and which is not...

The matter of Probate Court – This is the first and the most important difference between last wills and living trusts. For Last wills to take effect, the documents need to go through a probate court before the assets / property etc is distributed to the mentioned heirs. This process is usually long, expensive and hassling. Living trusts however, take effect almost immediately and does not require validation from probate courts.

When the documents take effect – Laws and regulations pertaining to trusts and wills often differ from state to state. For example, laws for will and living trust in Ohio may not be exactly the same as in other states. However, the matter of the documents taking effect is uniform in both. Wills take effect only after the demise of the creator of the document. Living trusts on the other hand can take effect even when the creator is alive. For more information about getting last will and testament in Pennsylvania, please visit this website.

The matter of privacy and expense – In strict comparison with wills, living trusts are not public documents thereby making it more private than the former. However, at times, maintaining a living trust can get a little expensive because it calls for proper funding, without which the provision may lapse.

Author Resource:-

Carl writes often about affidavit, bill of sale and last will & testament to help the people in needs. You can find his thoughts at custom legal forms blog. Please visit this site to get last will and testament in South Carolina.

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