Saturday, October 19, 2013

The Trust Phenomenon - Estate Planning Process

By Frank Miller


In many families, planning for the future is often thought of, but following through with the plan is seldom accomplished. Having a will and a life insurance policy is a step everyone must take to prepare their family and spouse for the future. When there are children under the age of 18 years old in a family, planning is a necessity. Nothing is more devastating than losing a loved one, but imagine being a young child left orphan by the unthinkable.

What About Taxes And Asset Protection In My Florida Living Trust. No Tax Benefit. Florida living trusts do not provide any tax benefits at all. Ordinary earned income and/or capital gains and losses, partnership income, rents and the like for all the assets "funded" into the Florida living trusts are treated for taxation purposes on your personal or joint tax filing. The only exception may be Florida living trusts where the combined estate asset "community property" of a husband and wife exceed the then current Federal estate tax exemption figure.No Asset Protection. Florida living trusts also do nothing about asset protection from creditors or judgment lawsuits. If you personally own an asset, and if that asset is not protected or legally sheltered, and if you "lose in court", then the litigating party or plaintiff will likely obtain a judgment order to reach-in to your living trust and legally remove the target asset.

Estate planning is a process where wills, trusts, guardians, and financial plans are designated. In the event of a parent's passing, children will not fall through the cracks of a state foster system, but instead be placed with the person of their parent's choosing. The parents would appoint a loving family member or friend during the planning of the estate.

You've Got To Hire An Attorney - It's The Law. Reviewing assets, preparing a revocable Florida living trust for inheritance matters, and entering into a legal service contract requires that the preparer be a Florida State bar certified attorney. Any other situation constitutes illegal practice of law within Florida, and is punishable. Your Florida estate attorney has a multi-part role ...he or she will identify all your assets, make sure that they legally transfer into your inter vivos revocable Florida living trust.

Having a will and an estate plan can save a family the additional heartache of going through probate. Probate is when a court appoints a personal representative to make decisions about money and property when a will or estate plan is not prepared.

Estate taxes: The centralized government compels a hefty assets tax at your passing away when your possessions are value more than a definite quantity. Additionally, Massachusetts has its personal property tax which makes available a much lesser immunity and also inflicts a property tax at your passing away when your possessions are merit more than a definite amount. Estate Planning can decrease and over and over again eliminate property taxes in the course of a variety of techniques.




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