living trust
Retirement Financial Advisor
Trained financial planners help with retirement planning and investing retirement
funds. These tasks are so critical when someone has ceased working because asset
protection be comes a paramount goal. http://www.retirement-financial-advisor.com/crfa.html.
People over 60 or retired people can simply no afford to lose principal. And
although most people agree with this intellectually, many seniors and their
advisors learned this the hard way in the bear market of 2000-2002. Financial
planners trained to management retirement assets know not to take these risks
because the stock market volatility must be approached with high caution one
you are retired. http://www.retirement-financial-advisor.com/financial_advisor.htm.
Living Trust Offers: How to Make Sure They're Trust-worthy
You've worked hard for your money, and made every attempt to be a conscientious
saver. So it's only natural that you want some control over what happens to
your assets in the event of your death. At the very least, you probably want
to minimize or avoid potential hassles and headaches for your loved ones.
Estate planning deals with what happens to your assets after you die. Even
if you are a person of modest means, you have an estate and several strategies
to choose from to make sure that your assets are distributed as you wish and
in a timely way. The right strategies depend on your individual circumstances.
That is, what is best for your neighbor might not make the most sense for you.
Misinformation and misunderstanding about estate taxes and the length or complexity
of probate provide the perfect cover for scam artists who have created an industry
out of older people's fears that their estates could be eaten up by costs or
that the distribution of their assets could be delayed for years. Some unscrupulous
businesses are advertising seminars on living trusts or sending postcards inviting
consumers to call for in-home appointments to learn whether a living trust is
right for them. In these cases, it's not uncommon for the salesperson to exaggerate
the benefits or the appropriateness of the living trust and claim falsely
that locally-licensed lawyers will prepare the documents.
Other businesses are advertising living trust "kits": consumers send
money for these do-it-yourself products, but receive nothing in return. Stillother
businesses are using estate planning services to gain access to consumers' financial
information and to sell them other financial products, suchas insurance annuities.
What's a consumer to do? It's true that for some people, a living trust can
be a useful and practical tool. But for others, it can be a waste of money and
time. What is a living trust, anyway, and how does it differ from a will? Who
should you trust when it comes to estate planning? And how can you tell which
tools and strategies will work best for your particular circumstances?
The Federal Trade Commission, the government agency that works to prevent fraud,
deception and unfair business practices in the marketplace, says that it helps
to learn the terms that are used in this aspect of financial planning before
you begin conversations about it. For example:
Probate is a legal process that usually involves filing a deceased person's
will with the local probate court, taking an inventory and getting appraisals
of the deceased's property, paying all legal debts, and eventually distributing
the remaining assets and property. This process can be costly and time-consuming.
Many states have simplified probate for estates below a certain amount, but
that amount varies among states. If an estate meets the state's requirements
for "expedited" or "unsupervised" probate, the process is
faster and less costly.
A trust is a legal arrangement where one person (the "grantor") gives
control of his property to a trust, which is administered by a "trustee"
for the "beneficiary's" benefit. The grantor, trustee and beneficiary
may be the same person. The grantor names a successor trustee in the event of
incapacitation or death, as well as successor beneficiaries.
A living trust, created while you're alive, lets you control the distribution
of your estate. You transfer ownership of your property and your assets into
the trust. You can serve as the trustee or you can select a person or an institution
to be the trustee. If you're the trustee, you will have to name a successor
trustee to distribute the assets at your death.
The advantage of a living trust? Properly drafted and executed, it can avoid
probate because the trust owns the assets, not the deceased. Only property in
the deceased's name must go through probate. The downside? Poorly drawn or unfunded
trusts can cost you money and endanger your best intentions.
A will is a legal document that dictates how to distribute your property after
your death. If you don't have a will, you die intestate, and the law of your
state determines what happens to your estate and your minor children. The probate
court governs this process.
A living trust is different from a living will. A living will expresses your
wishes about being kept alive if you're terminally ill or seriously injured.
And, the FTC advises, proceed with caution. Because state laws and requirements
vary, "cookie-cutter" approaches to estate planning aren't always
the most efficient way to handle your affairs. Before you sign any papers to
create a will, a living trust, or any other kind of trust:
Explore all your options with an experienced and licensed estate planning attorney
or financial advisor. Generally, state law requires that an attorney draft the
trust.
Avoid high-pressure sales tactics and high-speed sales pitches by anyone who
is selling estate planning tools or arrangements.
Avoid salespeople who give the impression that AARP is selling or endorsing
their products. AARP does not endorse any living trust product.
Do your homework. Get information about your local probate laws from the Clerk
(or Register) of Wills.
If you opt for a living trust, make sure it's properly funded that is,
that the property has been transferred from your name to the trust. If the transfers
aren't done properly, the trust will be invalid and the state will determine
who inherits your property and serves as guardian for your minor children.
If someone tries to sell you a living trust, ask if the seller is an attorney.
Some states limit the sale of living trust services to attorneys.
Remember the Cooling Off Rule. If you buy a living trust in your home or somewhere
other than the seller's permanent place of business (say, at a hotel seminar),
the seller must give you a written statement of your right to cancel the deal
within three business days.
A retirement planner also focuses on adequate retirement income using various
income instruments such as bond mutual funds, bond funds, preferred shares,
individual bonds, income annuities and even possibly "structured notes." http://www.retirement-income.net.
He will usually prepare a retirement plan first. That plan could include recommendations
for the above instruments as well as how to obtain high CD interest rates and
bank interest rates. The end goals is to maximize income protection, asset protection
and insure a secure and comfortable retirement. http://www.retirement-financial-advisor.com/financial_advice.htm.
The other area that competent advisors take care of is estate planning. They
make sure that clients avoid probate (usually with a living trust), have sufficient
asset protection in place (e.g. sufficient protection from property and casualty
policies, health and long term care insurance). http://www.retirement-financial-advisor.com/certified-financial-advisor.htm.
Estate tax planning is especially important in states where real estate values
have ballooned, like California. It's easy to have a taxable estate when a modest
home is worth $1 million.
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