Revocable Living Trust Funding Mistakes to Avoid

You signed the trust documents, placed them in a binder, and felt the relief of finally having an estate plan. But if the rental property, brokerage account, business interest, or bank account is still owned in your individual name, revocable living trust funding may be the missing step that determines whether your plan works when your family needs it.

A trust is not a magic container that automatically captures everything you own. It is a legal arrangement. To make it effective, many assets must actually be transferred into the trust or coordinated with it through beneficiary designations. This is where otherwise thoughtful estate plans often break down.

For business owners, investors, and families with meaningful assets, funding is not clerical cleanup. It is part of the Architecture of Wealth: making sure the legal ownership of your assets supports the plan you designed to preserve control, reduce friction, and transfer wealth responsibly.

What Revocable Living Trust Funding Actually Means

Revocable living trust funding is the process of transferring assets from your individual ownership into the name of your revocable trust. In many cases, you remain the trustee during your lifetime, so you continue to manage, buy, sell, refinance, and use those assets much as you did before.

For example, instead of a property being titled to “Jane Smith,” it may be titled to “Jane Smith, Trustee of the Jane Smith Revocable Trust dated [date].” The trust now owns the property, while Jane remains in control as trustee.

The practical goal is usually to avoid probate for assets owned by the trust at death or incapacity. Probate is the court-supervised process of transferring assets after death. It can create delay, expense, public filings, and complications for a family that needs access to accounts, business records, or real estate.

A properly funded trust can also allow a successor trustee to step in if you become incapacitated. That matters when bills must be paid, a business requires a decision-maker, or investment property needs attention. A power of attorney can help, but financial institutions sometimes scrutinize powers of attorney or resist older documents. A well-funded trust provides another practical path for continuity.

Why an Unfunded Trust Can Fail Your Family

A signed trust that owns little or nothing may still express your wishes, but it cannot control assets it does not own. Those assets may pass through probate, by beneficiary designation, by joint ownership, or under a separate will.

Consider an investor who creates a trust and then buys two more rental properties in his personal name. If he dies without retitling them, those properties may require probate even though his original rentals were properly held in the trust. His successor trustee may be able to manage trust-owned properties immediately, while the family waits for court authority over the newer properties.

The same problem appears with a business owner who signs a trust but never assigns membership interests in an LLC or shares in a corporation to it. If the ownership transfer was not completed correctly, the succession plan may not match the estate plan. Family members can be left sorting out ownership, voting rights, operating agreement restrictions, and valuation questions at the worst possible time.

A pour-over will is commonly included with a trust plan. It directs assets left outside the trust at death to be transferred into it through probate. That is a useful safety net, not a substitute for funding. It may eventually move assets into the trust, but it does not eliminate the probate process for those assets.

Which Assets Usually Belong in a Revocable Trust?

The answer depends on your assets, state law, tax planning, creditor concerns, and the terms of contracts governing those assets. Still, certain categories commonly deserve a funding review.

Real estate

Homes, vacation properties, vacant land, and investment real estate are often transferred to a revocable trust by deed. This can be especially valuable when you own property in more than one state. Without planning, out-of-state real estate may trigger an additional probate proceeding where the property is located.

Do not assume that a deed alone resolves every issue. Mortgages, title insurance, homeowners insurance, LLC ownership, local transfer rules, and property tax exemptions all deserve review. Federal law often provides protection against a lender accelerating certain residential loans solely because an owner transfers property to a revocable trust, but the facts matter. Commercial properties and entity-owned real estate require even closer attention.

Bank, brokerage, and non-retirement investment accounts

Many banks and brokerage firms permit accounts to be retitled in the name of your trust. The institution will generally request a certification or summary of trust information rather than the full trust document.

This is often one of the most useful funding steps because these accounts can provide the successor trustee with immediate access to funds for bills, taxes, property expenses, and family needs. It also reduces the risk that a spouse or adult child must wait for probate authority to access money that was intended to support the household.

Business interests

If you own an LLC, corporation, partnership interest, or closely held business, trust funding should be coordinated with your business succession plan. The trust may become the owner of your interest, but the company’s operating agreement, shareholder agreement, buy-sell agreement, or lender documents may restrict transfers.

This is not paperwork to delegate casually. A poorly handled transfer can create disputes over voting rights, management authority, purchase options, or succession. The better question is not simply, “Can my trust own this business interest?” It is, “Does this transfer support the continuity plan for the company, my family, and my partners?”

Personal property and valuable collections

A general assignment of personal property can transfer household goods, furniture, jewelry, artwork, and similar untitled items to the trust. This document is useful, but it does not replace proper title transfers for assets with formal ownership records.

For high-value collectibles, firearms, intellectual property, promissory notes, or significant equipment, more specific documentation may be appropriate. The value is not only financial. Clear ownership records can prevent family disagreement later.

Assets That Require a Different Approach

Not every asset should be retitled to a revocable trust. This is where generic checklists create expensive mistakes.

Retirement accounts such as IRAs and 401(k)s are generally not retitled into a revocable trust during your lifetime. Doing so can create unwanted tax consequences. Instead, the beneficiary designations should be reviewed to determine whether a spouse, children, a trust, or another beneficiary best fits the plan.

Life insurance and annuities also usually pass by beneficiary designation. Naming a trust can make sense in certain situations, such as protecting minor beneficiaries, controlling distributions, or coordinating complex family circumstances. But it can also add administrative complexity, so the designation should be intentional.

Vehicles may or may not be transferred, depending on state rules, lender requirements, insurance considerations, and the value of the vehicle. In some cases, a transfer-on-death title or other approach is more practical. Health savings accounts and certain benefit plans also have their own beneficiary rules.

Jointly owned assets deserve special attention. Joint ownership can pass an asset outside the trust automatically, sometimes contrary to the broader plan. It may be useful for a married couple, but it can also expose an asset to a co-owner’s creditors, create unintended inheritance results, or interfere with tax planning. The title on the account matters as much as the trust language.

Funding Does Not Create Asset Protection or Tax Magic

A revocable trust is a valuable planning tool, but it has limits. Because you usually retain control over the trust and its assets, those assets generally remain available to your creditors during your lifetime. Transferring a rental property from your individual name to your revocable trust does not create the liability separation that a properly structured LLC may provide.

Likewise, revocable trusts generally do not produce an automatic income tax reduction. For income tax purposes, the trust is often treated as you while you are living and in control. The income still flows onto your tax return.

That does not make the trust less useful. It simply means the right structure depends on the problem you are solving. Probate avoidance, incapacity planning, privacy, business continuity, creditor protection, income taxes, estate taxes, and long-term inheritance controls are related issues, but they are not solved by one document.

A Practical Revocable Living Trust Funding Review

Funding is not a one-time event. It should be part of your financial operating system. Review the trust after buying or selling real estate, opening substantial accounts, starting a company, changing lenders, getting married or divorced, receiving an inheritance, or experiencing a major change in health or family circumstances.

Start by building a simple asset inventory. Identify each asset, its current title, its approximate value, any beneficiary designation, and whether it is already owned by the trust. Then compare that inventory to the trust plan and your larger goals.

Pay particular attention to assets acquired after the trust was signed. Those are commonly overlooked because people assume the trust automatically covers future purchases. It does not. When you acquire a new rental property, establish a new brokerage account, or form a new LLC, ask how it should be titled before the transaction is complete.

Keep copies of deeds, account confirmations, assignments, and beneficiary designations with your estate-planning records. Your successor trustee should be able to identify what the trust owns without conducting a legal scavenger hunt while managing grief, business obligations, and family questions.

If you are an Illinois resident with a trust that has never been funded, or you have acquired assets since it was created, a focused review can reveal whether your plan is truly operational. The question is not whether you have a trust. The question is whether your wealth is positioned to follow the plan you intended when control must pass to someone else.

WATCH THIS SHORT 2 MIN VIDEO TUTORIAL Watch the short NO BS 2 min companion video for additional practical strategies and real-world examples on this topic. 👉 Watch now: https://youtu.be/sa2hYzm_fdM

GET YOUR FREE PERSONALIZED ASSESSMENT (ALL PRIVATE AND ONLINE) Every situation is different. Whether you’re a business owner, real estate investor, planning your estate, or dealing with inherited property, the best strategy depends on your specific circumstances. Take my FREE confidential PRIVATE online assessment to identify opportunities, avoid costly mistakes, and determine the next best step for your SPECIFIC situation. 👉 Start Your Free Assessment Here: https://kopprotectmybusiness.com

When to Hire an Illinois Business Succession Attorney

What happens to the business you spent years building if you cannot run it next month? For many owners, the answer is uncomfortable: the family may inherit an asset without a plan, partners may disagree over control, key employees may leave, and a profitable company may be sold under pressure. An Illinois business succession attorney helps turn that uncertainty into a practical plan for control, continuity, and wealth transfer.

Business succession is not simply deciding who gets the company after you die. It is a coordinated decision about who owns the business, who manages it, how its value will be determined, how a purchase will be funded, and how the transfer fits with your estate plan, taxes, real estate, and family goals. A well-built plan protects the enterprise while giving you more choices during your lifetime.

What an Illinois Business Succession Attorney Actually Does

A succession attorney helps business owners identify the legal gaps between their intentions and the documents that will control when a major event occurs. Those events may include retirement, disability, divorce, a dispute among owners, an unexpected death, or an opportunity to sell.

For an Illinois LLC, that work often begins with the operating agreement. For a corporation, it may center on shareholder agreements, bylaws, stock restrictions, and buy-sell provisions. The question is not whether these documents exist. The question is whether they still match the business you own today.

An agreement written when the company had one owner, little debt, and modest revenue can become a source of conflict after years of growth. It may say nothing useful about a member’s disability, an owner’s divorce, a buyout by the remaining owners, or the transfer of interests to children who are not active in the company.

The attorney’s role is to help create enforceable rules before relationships are strained. That can include transfer restrictions, management succession, rights of first refusal, valuation procedures, and instructions for a sale or redemption. The broader goal is to preserve business value rather than forcing your family or partners to negotiate from a position of crisis.

Succession Is About Control Before It Is About Inheritance

Owners often assume their estate plan will handle the business. A will or trust is essential, but it does not replace business governance documents. Your estate plan may state who receives your ownership interest, while the operating agreement determines whether that person can vote, manage the company, or must sell the interest back to the business or other owners.

That distinction matters in closely held companies. You may want a child to inherit the economic value of your interest without immediately receiving management authority. You may want a long-time key employee to lead operations while family members receive income. Or you may want to sell the company to your management team over time while retaining cash flow through retirement.

None of those goals is unusual. They simply require the legal documents, financial plan, and business reality to work together.

Consider an owner of a successful Illinois construction company with two children. One works in the business and has earned the trust of customers and employees. The other has chosen a different career. Leaving both children equal voting interests may sound fair, but it can place the operating child in a permanent conflict with a sibling who has no role in daily decisions. A better plan may separate management control from economic inheritance, use life insurance or other assets to balance an inheritance, or establish a structured purchase of the non-operating child’s interest.

Fair does not always mean identical. The right approach depends on your family, liquidity, tax exposure, and the business’s ability to sustain a transfer.

The Decisions That Cannot Wait Until Retirement

Waiting until retirement to address succession creates unnecessary pressure. A gradual transition often requires several years to develop the next leader, prepare financial records, reduce overreliance on the owner, and structure a tax-conscious transfer.

The most effective plans address four connected questions:

  • Who will own the business after a planned or unplanned transition?
  • Who will have authority to make operational decisions?
  • What is the business worth, and how will that value be determined?
  • Where will the money come from if an owner must be bought out?

The funding question is frequently overlooked. A buy-sell agreement may promise that the company or remaining owners will purchase an interest after death or disability. Without a realistic funding source, however, that promise can drain working capital at the worst possible time.

Depending on the circumstances, funding may involve life insurance, disability insurance, installment payments, a sinking fund, outside financing, or a combination of methods. Each option involves trade-offs. Insurance can provide immediate liquidity but may be costly or unavailable for some owners. Installment payments can make a transition achievable, but they create credit risk for the selling owner or family. A plan should be designed around the company’s actual cash flow, not an optimistic forecast.

Why Valuation Can Become the Most Expensive Dispute

A business may be worth far more than its owners realize, or far less than the number used in casual conversations. When there is no clear valuation method, owners and heirs can spend substantial time and money fighting over a number that should have been addressed in advance.

A succession plan can establish a fixed value that is updated periodically, a formula, an appraisal process, or a hybrid approach. There is no single best method. A fixed value is simple but becomes stale quickly if it is not reviewed. A formula may be predictable but can miss the realities of a changing business. An independent appraisal is often more defensible, but it can be expensive and may still produce disagreement.

The right choice depends on the business, its growth stage, the number of owners, and the likelihood of a near-term transfer. What matters most is that the method is clear, current, and accepted by the people who will be bound by it.

Protect the Business From Events Outside the Business

A succession plan should also consider events that have nothing to do with retirement. An owner’s disability can be more disruptive than death because the owner may retain legal rights while being unable to perform essential work. Divorce, creditor claims, bankruptcy, or a personal lawsuit can also put ownership interests at risk.

This is where business succession and asset protection meet. Carefully drafted restrictions may limit an involuntary transfer, establish a purchase right, or prevent an unintended new owner from gaining control. The details must be tailored to Illinois law, the entity structure, and the facts involved. A document that is too aggressive, vague, or inconsistent with other agreements may not produce the protection the owner expected.

Real estate investors face an additional layer of planning. If the operating business and valuable real estate are held in the same entity, a transition may expose both to unnecessary risk. In some cases, separating operations from real estate ownership can create clearer management, leasing, and succession choices. That is not automatically the right structure, but it is a question worth examining before a transfer is underway.

A Practical Starting Point for Owners

You do not need every answer before beginning the process. You do need an honest inventory of what exists. Gather your operating agreement or corporate records, ownership documents, current estate plan, insurance information, financial statements, debt agreements, and any prior valuation. Then ask whether those documents tell the same story about ownership and control.

Next, identify the people whose futures are tied to the business. That may include family members, co-owners, key employees, lenders, and long-time customers. A successful transition protects more than a legal title. It protects relationships, revenue, and the reputation that gives the company value.

Finally, revisit the plan regularly. A succession plan should change when your family changes, ownership changes, the company grows, a partner exits, or your goals shift. Reviewing it every few years, and after a major life or business event, is usually far less expensive than repairing a plan after conflict begins.

At the Law Office of Kevin Pritchett, business succession planning is viewed as part of an Architecture of Wealth. Your company may be your largest asset, your family’s income source, and the engine behind future investments. Treating it as a connected part of your estate, asset protection, retirement, and tax planning can reveal options that isolated documents miss.

The best time to plan a business transition is when you still have time, leverage, and choices. A thoughtful conversation now can help ensure that the value you built remains a source of opportunity for the people and purposes that matter most to you.

WATCH THIS SHORT 2 MIN VIDEO TUTORIAL
Watch the short NO BS 2 min companion video for additional practical strategies and real-world examples on this topic.

👉 Watch now:
https://youtu.be/X0f1ry8egJc

Get Your Free Personalized Assessment (All private and online )

Every situation is different.

Whether you’re a business owner, real estate investor, planning your estate, or dealing with inherited property, the best strategy depends on your specific circumstances.

Take my FREE confidential private online assessment to identify opportunities, avoid costly mistakes, and determine the next best step for your SPECIFIC situation.

👉 Start Your Free Assessment Here:
https://kopprotectmybusiness.com

What Is A ‘Revocable Living Trust” And Why You Need One

Revocable trust on a wooden desk.

 

Just south of ‘Sawmill Creek…..
Hi Attorney Kevin Pritchett here

    I conclude this Basic Estate Planning Series with an explanation of the centerpiece of a proper Estate plan…The Revocable Living Trust

“What Is A Revocable Living Trust?”
     A Revocable Living Trust (RLT)  is a document you sign that provides for the transfer of all the assets in your Estate upon your death.

    Most people believe that its the WILL that transfers your assets..  A Will CAN transfer your assets upon your death if a Will is all you have.

    Remember, if you have a Will, your heirs are REQUIRED to file that will with the Probate Court of the County where you died and the Probate Legal Process takes over…..a costly and time consuming legal court process where your entire estate is made public and  anyone with a possible claim can file a petition with the court and adjudicate that claim.

    On the other hand, with a RLT all your estate assets are listed and you provide for any gifts and transfers you wish to make right in the Trust.

    The big differences are:
==the RLT is completely private…no court filing
required
==the RLT names a Trustee to handle the affairs  of the
RLT…not a court who names an administrator.
==you save time and court expenses

You Can Make Changes To Your RLT
    As long as you are alive and mentally competent you can make any changes you want to your RLT.However, once you become mentally incompetent(as determined by provisions of the RLT itself…no court determination required) or die, the RLT provisions become locked in and no changes can be made by the Trustee.

“Ok..But Why Do I Need Revocable Living Trust?”
    Glad you asked!!      Let’s say you own your personal home and maybe a vacation home.  The title to each of these parcels of real estate is you and your spouse in joint tenancy or tenancy by the entirety (which means if one of you dies the surviving spouse has automatic title to the real estate).

     The problem with this type of title is…..what if BOTH you and your spouse pass away at the same time..???  

Answer:  the real estate has no living title owner and the heirs must GO TO PROBATE COURT to sort it out….not good.  Expense, delays and possibility of disputes with potential creditors.

       ALL of your real estate should be titled in your Revocable Living Trust.  The RLT states that both spouses are GRANTORS of the RLT and also provides a Trustee to take over administration of Trust after the last of the two Grantors dies.      

     Without this RLT in the same situation above, your family would have to file an expensive and time consuming petition with Probate Court for someone to be named administrator or guardian so as to transact your business.   

     Besides the expense of hiring a Probate Attorney
($2500 to $5,000 minimum Retainer plus ongoing
hourly legal fees), the case could take 12-18 months
to resolve.  Add THAT potential cost up at $375/hour or more per hour!!!

Eliminates The Expense And Delay of Probate

Without this RLT
in the same situation above, your family would have to file an expensive and time consuming petition with Probate Court for someone to be named administrator or guardian so as to transact your business.   

     Besides the expense of hiring me as a Probate Attorney ($2500 to $5,000 minimum Retainer plus ongoing hourly legal fees), the case could take 12-18 months to resolve.  Add THAT potential cost up at $375/hour or more!!!

Reach Out To Me If You Have Questions.  
If you have comments or questions about any of this…

CLICK HERE  to schedule your FREE CONSULTATION

OR

send me an email : ironkop@gmailcom or

if reading on my blog or Facebook page leave your questions or comments below.

Remember…..
Things Don’t Get Better With Neglect…..”

Kevin Pritchett, Esq
Law Office of Kevin Pritchett, Inc.
www.KevinPLaw.com
ironkop@gmail.com
312-505-1957

The Most Frightening Crime Risk You Face Right Now… Real Estate Cybercrime!!

 

 

 

Just south of ‘Sawmill Creek…..
Hi Attorney Kevin Pritchett here
The Most Frightening Risk You Face Right Now:
CYBERCRIME
Cybercrime In Real Estate Transactions
    Here’s some statistics for you….

–in 2018 there was over $300-$600 Billion in attempted cybercrime

–while the average garden variety bank robbery yields $3800
  the average cybercrime yields over $160,000!!!
you are most vulnerable in a real estate transaction
   where cyber thieves hijack email accounts and
   send you FAKE WIRE INSTRUCTIONS so you
   end up wiring your real estate money NOT to the
   title company but to the cyber thief’s bank account.
How To Protect Yourself
1.  Be vigilant against PHISING emails
    A phising email is a fake email that
pretends to be from a trusted source and
asks for personal information…sometimes
even responding to these emails will hijack
your email account and give access to the
thieves.
    If the email doesn’t make sense or is
asking for personal info; ssn, drivers license,
tax id number, birthday, STOP, THINK AND
INVESTIGATE.
    If you believe the email is fake report it to:
www.IC3.gov so the FBI can begin an investigation
2.  Confirm Everything…verify everything
immediately
    In a real estate transaction..ALWAYS, ALWAYS
ALWAYS, call the title company involved in
your deal and verbally confirm that the wire instructions
you received are the legitimate wire instructions

from that title company.

     Also, independently confirm the phone number
and address of the title company through your
own google search…to make sure the phone
number on the wire instructions you receive
is legitimate and not fake.
3.  What To Do If You’ve Been Targeted
== Immediately call your bank and ask
them to issue a recall notice for your wire.
==Report the crime to www.IC3.gov
==Call your regional FBI office and police
==Detecting that your money has been hijacked
and reporting it within 24 hours is the best chance
of recovering any money lost!!!!
For more info see:
www.stopwirefraud.org

Reach Out To Me If You Have Questions.

OR
…send me an email :ironkop@gmailcom
or if reading on my blog or Facebook page
leave your questions or comments below.

Remember…..

Things Don’t Get Better With Neglect…..”
Kevin Pritchett, Esq
Law Office of Kevin Pritchett, Inc.
312-505-1957
ironkop@gmail.com

What’s The Biggest Mistake You’ve Ever Made?

Just south of Saw Mill Creek…
Hey Kevin Pritchett here:

What’s The Biggest Mistake You’ve Ever Made?

     We’ve ALL made mistakes …
and will CONTINUE to make mistakes.

Some make me laugh…others make me sick to my stomach!!     In the end….what you DO NOT want are:

==   to make the SAME mistakes over and over;

== to have your mistakes be FATAL and unrecoverable

== not to have others be hurt by your mistakes

Bummer huh????   Deal with it!!!

That’s right…..I’m that nagging , pesty voice that’s here  to tell you the things you don’t know you don’t know…

That person that’s here to help you
==take care of your family,
==your business…

                               before its too late!

CLICK HERE TO SCHEDULE TIME TO CLEAN UP YOUR MISTAKES\

Remember, things don’t get better with neglect…..

Talk Soon
Kevin Pritchett, Esq
Insurance Planning

Law Office of Kevin Pritchett

312-505-1957
ironkop@gmail.com

“Failing To Prepare….”

Just south of Saw Mill Creek…
Hey Kevin Pritchett here:

There’s really not much I can add  to the quote above…..

Remember things don’t get better with neglect…..”

CLICK HERE TO SCHEDULE APPOINTMENT

Kevin Pritchett, Esq
Insurance Planning

Law Office of Kevin Pritchett

312-505-1957
ironkop@gmail.com

CLICK HERE TO SCHEDULE APPOINTMENT

Ask Me ANYTHING!!!

just south of Saw Mill Creek…
Hey Kevin Pritchett here:

Ask Me Anything

    Here’s where you get to ask me….ANYTHING!!!

Questions about:

==Income Replacement…what’s the best strategy?

==Retirement Income Planning…how to REALLY    receive
guaranteed monthly income you can’t  outlive?

==What is an Estate Plan and why do I need one?

ANYTHING AT ALL

Just Write Your Question Down Below

Just jot your question in the space down below if reading this on Social Media, or in the space provided below for comments if you’re reading on my blog….

Here’s your chance to get your questions that you’ve had for ages answered by an expert….and not receive a bill!!!

Remember things don’t get better with neglect…..”

Talk Soon
Kevin Pritchett, Esq
Insurance Planning

Law Office of Kevin Pritchett

312-505-1957
ironkop@gmail.com

Income Replacement

Income Replacement
The Stepchild of Insurance Planning

Total Income Replacement In Death, Sickness, Loss of Job

Hi Kevin Pritchett here:
I want to share a personal story about why I decided to offer insurance planning.

How I Became An Insurance Planner

    Several years ago I helped a legal client sell his business. The business was very successful and generated a nice profit. He wanted to make sure his income was not interrupted should he die.

After a comprehensive appointment with me I told him that he ALSO had to plan for the event of his DISABILITY, CHRONIC ILLNESS OR LOSS OF JOB..he was stunned that he had not thought of ALL those possible scenarios that ALSO required proper planning.

CLICK HERE TO LEARN HOW YOU CAN ACHIEVE TRUE
TOTAL INCOME REPLACEMENT

The additional  issue this client had  was while my client wanted to sell, he also wanted and NEEDED a monthly income.  He turned down many offers over the years because my client believed he couldn’t sell his business AND have a monthly income.

    Long story short, I showed him how he could sell for top dollar AND receive a GUARANTEED MONTHLY INCOME HE COULDNEVER OUTLIVE!!!  

Guaranteed Monthly Income AND Saved $400,000 In Taxes

    Oh..I showed him how to save over $400,000 in income taxes and receive TAX FREE monthly income too!!! 

    He was so thrilled he told several of his friends and well…the rest is history!!!

     I consider it a privilege to help people, like yourself,
determine the perfect plan for you and your family.

   I’ve helped literally HUNDREDS of clients in my 32 years…I can help you too. 

You’ve got NOTHING to lose and EVERYTHING potentially to gain!!!

Remember….
Things don’t get better with neglect….
Kevin Pritchett, Esq
Insurance Planning
Guaranteed Income Planning


312-505-1957
ironkop@gmail.com








What Is A ‘Revocable Living Trust” And Why You Need One

Revocable trust on a wooden desk.

 

Just south of ‘Sawmill Creek…..
Hi Attorney Kevin Pritchett here

    I conclude this Basic Estate Planning Series with an explanation of the centerpiece of a proper Estate plan…The Revocable Living Trust

“What Is A Revocable Living Trust?”
     A Revocable Living Trust (RLT)  is a document you sign that provides for the transfer of all the assets in your Estate upon your death.

    Most people believe that its the WILL that transfers your assets..  A Will CAN transfer your assets upon your death if a Will is all you have.

    Remember, if you have a Will, your heirs are REQUIRED to file that will with the Probate Court of the County where you died and the Probate Legal Process takes over…..a costly and time consuming legal court process where your entire estate is made public and  anyone with a possible claim can file a petition with the court and adjudicate that claim.

    On the other hand, with a RLT all your estate assets are listed and you provide for any gifts and transfers you wish to make right in the Trust.

    The big differences are:
==the RLT is completely private…no court filing
required
==the RLT names a Trustee to handle the affairs  of the
RLT…not a court who names an administrator.
==you save time and court expenses

You Can Make Changes To Your RLT
    As long as you are alive and mentally competent you can make any changes you want to your RLT.However, once you become mentally incompetent(as determined by provisions of the RLT itself…no court determination required) or die, the RLT provisions become locked in and no changes can be made by the Trustee.

“Ok..But Why Do I Need Revocable Living Trust?”
    Glad you asked!!      Let’s say you own your personal home and maybe a vacation home.  The title to each of these parcels of real estate is you and your spouse in joint tenancy or tenancy by the entirety (which means if one of you dies the surviving spouse has automatic title to the real estate).

     The problem with this type of title is…..what if BOTH you and your spouse pass away at the same time..???  

Answer:  the real estate has no living title owner and the heirs must GO TO PROBATE COURT to sort it out….not good.  Expense, delays and possibility of disputes with potential creditors.

       ALL of your real estate should be titled in your Revocable Living Trust.  The RLT states that both spouses are GRANTORS of the RLT and also provides a Trustee to take over administration of Trust after the last of the two Grantors dies.      

     Without this RLT in the same situation above, your family would have to file an expensive and time consuming petition with Probate Court for someone to be named administrator or guardian so as to transact your business.   

     Besides the expense of hiring a Probate Attorney
($2500 to $5,000 minimum Retainer plus ongoing
hourly legal fees), the case could take 12-18 months
to resolve.  Add THAT potential cost up at $375/hour or more per hour!!!

Eliminates The Expense And Delay of Probate

Without this RLT
in the same situation above, your family would have to file an expensive and time consuming petition with Probate Court for someone to be named administrator or guardian so as to transact your business.   

     Besides the expense of hiring me as a Probate Attorney ($2500 to $5,000 minimum Retainer plus ongoing hourly legal fees), the case could take 12-18 months to resolve.  Add THAT potential cost up at $375/hour or more!!!

Reach Out To Me If You Have Questions.  
If you have comments or questions about any of this…

CLICK HERE  to schedule your FREE CONSULTATION

OR

send me an email : ironkop@gmailcom or

if reading on my blog or Facebook page leave your questions or comments below.

Remember…..
Things Don’t Get Better With Neglect…..”

Kevin Pritchett, Esq
Law Office of Kevin Pritchett, Inc.
www.KevinPLaw.com
ironkop@gmail.com
312-505-1957