Wills Versus Trusts at the Most Basic Level (Commentary at End)

[@davidw7776]

Another great short take Paul....We established our Living Trust back in April of this year. Named our Living Trust as the secondary beneficiary to all our life insurance, IRA's, and 401K's to help protect from undue influence.

[@LJ-jq8og]

YES we love the basics too PAUL... Cant get enough ! Keep em coming... 😊

[@harrygrotter3756]

Hi Paul, here's an idea for a video (it's certainly one that I'd love to see). It would be really valuable to know the steps that one has to take when a loved one with a trust passes and you are the trustee. Do you call a lawyer first, head to the bank with a copy of the trust, get a death certificate, or what?...many people (myself included) have no idea the individual and chronological steps that the trustee should follow. Anyway, it would be a great video to see if you feel inclined to broach that topic. Thanks and take care!

[@Hope1079]

I second this request. I would be very interested in a step by step or best practices video about what to do when someone is the executor.

[@mindylinsdau6072]

I third that request👍

[@gosman949]

haha you hire a lawyer!

[@LJ-jq8og]

PAUL: LOVED your podcasts and your jokes too ... MISS ❤ them !

[@teresaadams825]

My father recently died and had a trust. It was worthless! The lawyer did not advise checking account, vehicle or house to be in the trust. His estate is in probate. Lawyer collected more than $7000 doing nothing. The house requires insurance, taxes, HOA and maintenance for a year, so far. Do ur homework ppl; lawyers don't have YOUR wishes as a priority...as usual follow the money.

[@TheMainShaneO]

Like any occupation, such as doctors, mechanics, and teachers, not all professionals are created equal. Some are great, some are mediocre, some are downright fraudsters. I recommend doing your homework, reading reviews and getting more than one opinion before selecting any important resource. Most reputable estate planning attorneys assist their clients with the funding process, both initially and slim an ongoing basis. Your situation is unfortunate and I have seen it MANY times. However, it’s dangerous to admonish an entire occupation when there are so many people in the field that truly care and add tremendous value to their clients and client’s loved ones. Best of luck with your father’s estate.

[@Dreblueskies]

My family member had a trust and the trustee was a thief, but there is no trust police so she got away with it.

[@Donnybrook10]

When I was about 8 and my sister 13, my Dad cheated on mom with a secretary at work and knocked her up after 25 years of marriage to my mom and two kids. He married the homewrecker after they had a son. My Dad told my sister and me many times that he took out and paid off life insurance policies for each of us. He had a stroke years ago and his mind was never the same. A few years ago, he passed away. My sister and I stayed silent for more than 6 months before we asked his wife if we could have some of his belongings to remember him by. She said she already got rid of everything including all my grandfathers tools Dad promised to me. My sister asked her when she was going to get around to executing the will we all knew existed and had read. She said "why would I execute the will? Everything was left to me". When we asked about the will we had copies of, we were told there was a new will and that one was no longer valid. My sister started a Probate suit and wanted to get to the bottom of this new will that no one had told us about. She refused to show us the new will and she refused to allow us access to his medical records or when the will newest will was made. All we were told was that the pre-existing will was no longer valid and we are not parties in the new one. While in court, we advised the judge that my Dad's mental condition was severely compromised after his stroke and he never would have written us out of his will if he were of sound mind. Before Dad passed away, she was named POA so she could make medical decisions for him. We never dreamed she would do this. we asked about the life insurance policies and were coldly told we were not beneficiaries. So court adjourned after she promised the judge she would be completely transparent and would cooperate with us in obtaining his medical records and speaking with the attorney who wrote the will. She lied. She would not allow his Docs office to release anything to us nor would she allow their former atty to speak with us. Dad was close friends with his former insurance agent and he told us off the record that he looked into the insurance situation and agreed to give us confidential information about those policies. We learned that Dad had 7 life insurances policies in total and roughly 6 months before he passed away, the beneficiaries were all changed and we were no longer among them. All policies had been cashed in two days after he passed away. We made an appointment to see Dad's former atty, (Al) who had also been a close family friend for decades. We wanted to ask for details about this mysterious new will. He greeted us with open hostility and refused to discuss the will or anything whatsoever. It was abundantly clear he wasn't going to talk to us. We decided we would advise the judge of all the open interference we experienced while trying to obtain information. We would ask the judge to order the records to be released to us. Upon our return to court for a continuance, we noticed she wasn't there but the lawyer, Al, who wrote the will was there representing her. We were empty-handed because all the evidence we sought was being withheld from us. We asked for a court order to obtain the proof and were denied. The best we could produce were old newspaper articles when by Dad, who was Mayor at the time, had his stroke. We asked the court if the new will was created after his stroke and the lawyer objected to any information being released to us. He would not answer any questions along any lines. He knew my father was in very poor health and was mentally gone when the sketchy new will was created. I remember saying "Al, you knew my Dad as well as anyone and you knew his wishes before his stroke since you wrote the previous will. Do you really believe he would have written his first-born children out of his will if her was of sound mind?". He replied, "clearly, because he did". Al moved to dismiss based on lack of evidence and the judge sustained it. Our case was over. We later found out , but could not prove of course, that she and Al were much more than just atty/client. The worst part of this was when we saw her unrelated son from her previous marriage buy a brand new boat, and brand new truck and a new house when he didn't even have a job. We got absolutely nothing.

[@Salih.EduBlock]

I’m sorry for your family’s loss, twice. Thanks for sharing your experience.

[@lvega5606]

In discovery, wouldn't you be able to access your dad's medical records as well as when the policies were changed, and use that as evidence that his policies were changed while he was mentally incapacitated?

[@tonicosio1]

Sorry to hear that. This is one example of an evil doing. She will answer up above🙏

[@mindylinsdau6072]

I am so grateful for your video’s. I have just been appointed as successor trustee of my 83 year old aunts revocable trust. My uncle died in 2018 and she did nothing with the trust. We are sorting things out. MY QUESTION IS: Would you please do a video on general power of appointment. It would be so helpful as there is not much straightforward info on that subject. Thank you!!

[@ladysparkymartin]

Great synopsis! And I like the free form idea. I’m in the category of done that re living trust; did in my 40s just bc of assets and lifestyle. So I’m used to the terminology and understand the difference btw tangible assets in a trust and beneficiaries on accounts. But one thing you could offer is more detail on these differences with more layman lingo. I side-eyed the words for quite a while! In the end, I got it, and made my trust and beneficiaries simple bc better to have than not! Thank you, Paul!

[@AttorneyFredLong]

Paul, you’ve been an inspiration to me as a younger (10 years in) estate planning attorney. I love what you do and I am so grateful for all the helpful information you provide to the public, for FREE. I was SO hoping that, in this video, you would draw a distinction between state law. As a PA estate planning attorney, the case in favor of a RLT is not so favorable. In fact, I’ve seen many more RLTs completely destroy an otherwise simple plan. In certain states, RLTs are not standard, and often cause more harm than good.

[@americasestateplanninglawy1946]

Hi Fred. Thanks for watching and your kind comments. While we all know there are many nuances in will v trust decisions, wondering what in your experience has been the main causes of "complete destroy" and "more harm than good"? Is it the PA real estate transfer tax issue? Is it because PA probate is simpler than other states? Perhaps we can "talk shop" sometime. Paul

[@AttorneyFredLong]

@@americasestateplanninglawy1946 In part, yes, the complexities and expense of probate that exist in other states do not exist in PA. And, yes, the realty transfer tax issue is a big one...I once had a client form a revocable trust after attending a seminar, and thereafter moved 7 properties into the trust. A month later, she received a Notice from the PA Dept. of Revenue that she owed realty transfer tax at a rate of 2% of FMV on all 7 properties (total tax in excess of $15,000). This is avoidable but the trust must be VERY carefully drafted. One major factor that other state's practitioners do not understand is that PA has inheritance tax, and very often the trust provisions state that tax on trust assets are payable out of the trust, as are creditor claims. If properly advertised, we have a one-year statute of limitations against creditor claims. The Trustee is permitted under law, and is well-advised to exercise the right, to hold assets in the trust pending payment of claims, costs of administration and tax. The way this plays out, in practice, is that the Trustee holds or freezes assets until the claims, costs, and taxes are paid. Also, in PA, judges are not involved in probate unless there is litigation. In a nutshell, trust administration in PA is the functional equivalent of probate. The cost of probate is almost 100% of the time less expensive than forming a trust. I would absolutely LOVE to talk shop. This work is a my passion, and you are a HUGE inspiration for me to share my passion with others. Thanks so much for your response! Fred

[@mshaikh4879]

very good presentation

[@grassroot011]

Thanks Paul slowly learning what I need to know, will continue to tune in.

[@mandalynmay4201]

Thank you paul. I just lost my dad Nov 17 to stage 4 cancer. He had a living will and I am the sole beneficiary. My aunt n uncle are named executors and they started the estate probate process.

[@mandalynmay4201]

My question is what can I do to protect myself and all my estate assests(house, 3 cars, $) given to me from my father from anyone that may try to take them from me? Ex: during probate process can the executor or the courts legally take the house from me?

[@rogerwillis7692]

Yes, please! More basic videos.

[@cancel.lgbtq.6892]

Thank you for great info. I've been looking into this for quite sometimes. I think I'm leaning forward revocable living trusts.

[@deedeeotero4475]

I made a will & trust 15 yrs ago. Since then I've changed my mind about who I named as my beneficiary & executor. I'm not friends w/this person. Ive fallen on hard times & can't afford to pay to have the documents changed. What else can I do? Can I just destroy my copies after telling my attorney my wishes?

[@Lisa-dp6qw]

My black widow stepmother basically financially abused and neglected my father to death, she sold their home and property along with my truck and tractor I bought for my daddy. She won't give me a copy of the trust and she treated me horrible and packed up GARBAGE for my inheritance. Then in 3 months had sold gave away or threw away 90 years of his things. She committed fraud, didn't notify anything but social security because she wanted his income. She didn't pay anything in his name, now in collections. Then took 375,000 dollars and moved to Arizona, paid off her daughter's house and went back to her FIRST HUSBANDS LAST NAME! She got away with abuse, fraud, embezzlement, breaching fiduciary duty, and murder. She was bankrupt, and living with the same daughter she's with now, when she caught my father in her web. He did everything on the property and paid for everything. He got dementia and she closed his bank account, forged his name on his credit card she was not authorized to, EVEN AFTER HE DIED! Dragged him to the casino 30 minutes away, every Monday rain or shine, sit him at the penny slots while she used HIS money at the dollar or more slots. Betting full bet! She microwaved bacon as his only meal of the day. I know this and have records to prove all of this because she evacuated him and their dog from his home and stayed for 12 days during the Condor fire and they WERE NEVER EVACUATED! 4 days after they went home,she put her final plan in place. He was put through hell and she didn't tell me anything! The house was sold on what would have been his 91st birthday. She had everything planned to the day! Black Widow and Black Widow jr are probably so proud of themselves and spending all the estate money while my fathers name is in collections. He was never even late on his bills he told me she was a bad person. But he didn't, drink, smoke, use bad language or even take medication over the counter. He died strapped to a bed, with a catheter in his bruised penis, starved and dehydrated. With lethal doses of morphine and seroquel. I know I will not get a comment from this, even the attorneys that they say are here on KZbin to get beneficiaries the justice they deserve, and fight for our rights, never have given me a "Like" let alone a reply. I'm disabled and alone, she knew that but I am not going to let her ruin my Daddy's name. I thank you for your videos and because of all I'm learning from them, I have sent a request of all inventories and California trusts and I will take all the legal steps alone because I have been alone for everything else why think it will be different now?😏💔😇

[@darrylr.4983]

Nice overview for those of us not knowledgeable of trust/will basics. I need to update my 39yr old will, my credit union will do that for $450 as long as my spouse's and my wills are similar. I've considered a trust since I'd like to guarantee heirs on my side of the family don't get left out should I pre-decease my spouse. My spouse has 3 heirs and I have 2. As with most families my estimated $1.5M net worth (pre-tax) is mostly in 401k's and the house. From Paul's videos I think I'd have to move the 401k's and the house into a trust, and perhaps the two vehicles also. Credit union accounts are in both our names, and we're co-owners on Government bonds. My concern is the cost of setting up a trust and any recurring cost. I have absolutely no idea how expensive that is compared to $450 to update our wills. I know a video on the cost of various trusts would be difficult since I'm guessing it varies widely by state.

[@annettestevens4558]

I am in Ohio and I'm currently in the process of setting up a living trust. My cost is $2500 and the attorney allowed me to make monthly payments in an amount that I was comfortable with. A living trust was the way to go for me. Personally. When I met with the attorney I was planning on having a last will created but when they explained the differences, which, by the way, match those in this video, I decided to choose the trust. One of my goals was to have my beneficiary avoid the hassle of probate. I was under the false impression that a last will would achieve that goal. Bottom line is to do your homework and research and decide which way is best for your circumstance.

[@ladysparkymartin]

I’m in Los Angeles ($$$ lawyers!) but I got lucky having an estate attorney draw up my trust for $1250 because mine was template stuff and his office was down the hall (back in the day.) But I would have paid more for peace of mind. Don’t know your sitch of course but if you go local you might find what works. Best to you!

[@ladysparkymartin]

Oh and dear original commenter, I think all your 401k accounts and such are where you go to each account and assign beneficiaries. I don’t think that’s part of a trust. Just your tangibles like home, car, jewelry. But I’m not a lawyer so can only speak from what bits I’ve garnered! 😊

[@darrylr.4983]

@@ladysparkymartin I believe 401k's have to be put into the trust. By law a spouse must be the beneficiary of a 401k unless they sign a waiver. Since the 401k is the Lion's share of my net worth it doesn't do much good to have a trust without the 401k. If it wasn't in a trust then the beneficiary could do whatever they want with the $$$, including excluding the deceased spouse's family.

[@darrylr.4983]

@@ladysparkymartin Thanks. My credit union has an Estate Lawyer they work with, I would use them if we decide to go with a trust. I'm leaning towards doing that because the eldest stepdaughter is the executor on our will but lives 4 hours away so doing probate would be a hardship on her.

[@mariomerino12]

Thank you so much for your video. Question, why do people get wills instead of a living trust? Sounds like its a no brainer to go with a trust.

[@stevenpenry5374]

Thank you Paul

[@arvharb9668]

Hi Paul, What are the disadvantages of revocable living trust? Also , can a person creates his own revocable living trust or it has to be done in a lawyer's office

[@cathibritz5554]

Great videos! Thanks Paul!

[@marionohara5606]

Hi there...... I've been watching ur videos for a while now but there's always a question in the back of my mind. I'm Canadian 🇨🇦...... I live in Canada and I wonder if the laws on wills and trusts r the same as in both our countries. I'm sure a lot of it is but there could be a couple of huge differences in the laws on these topics. Thank u for ur videos.....even tho I'm not sure if the laws r different..... I'm learning a lot. People need ur videos. 👍❤️

[@harrysegal306]

When you have a Living Trust where some heirs are disinherited, is the Will required to also detail the same heirs as being disinherited vs simply saying see the Living Trust as it governs? (California)

[@mamat792]

Love you videos Paul! Thank you so much. I'm interested in hearing more about non-probate items and how to designate those properly. It is as simple as account w/ a designated beneficiary(s)?

[@Corkfish1]

Yes. If you have an account you can merely title it TOD and it will avoid probate

[@Han-dle598]

I would love it if you did a video on testamentary trusts, and if you need more than that + Will and the 2 POAs. That's all my wife and I have right now (3 young kids) since all our assets, except the house and car, are in non-probate assets.

[@joyurbach9199]

Thank you for this. I'm doing a will and revocable trust, and was/am confused by reading them...terms like "settlor" and "trustee", both of which seem to refer to ME. Still trying to puzzle it out, and hope your next videos help with this.

[@lizlucci]

I just came across your video from 2 years ago, then come to your home page. Are you still posting regularly by chance? I subscribed and also all notification but just curious if your here on a regular bases? Thank and have a Great Day❣️

[@liliherndz5792]

Thank You 👌💵👌

[@Wooster77]

What if you don’t trust anyone you know to be an honest or capable executor for a trust? Would a will be preferable, despite that cost of probate?

[@Corkfish1]

There are institutional trustees ( many banks and trust companies offer this service) , but they can be expensive.

[@Wooster77]

@@Corkfish1 and who’s to say you can trust the bank and trust company employees who would handle your trust after you’re gone?

[@Corkfish1]

@@Wooster77 because they can be easily sued by beneficiaries and descendants. Which is why they tend to adhere very strictly to the trust agreement

[@JaneK6557]

There are a lot of bankers and lawyers in jail for mishandling (stealing their clients assets) so beware. The famous Murdaugh trial would be a prime example. He handled lawsuits for folks, won the lawsuits, (some of them millions of dollars) deposited the checks into accounts he set up with names similar to his partner law firm) told the clients the law suit hadn’t been settled yet, or that it was settled, but for only a fraction of what it was actually settled for, cut them a check for a small amount and spent the rest himself. Don’t ever believe for one minute he is the only atty pulling this kind of BS every day.

[@sharonphillips899]

My sister extracted me from all assets and took everything. There was a trust and a will. My sister gave my grandmother's wedding ring to my brother's girlfriend cause they hid all assets. After 6 years, I found out I was left his house, but it was sold so they could get everything out if it and get the money from that too...They DO NOT SPEAK TO ME NOW.. Still stressed out about what they did..

[@jennielamgibson]

Who died? Your grandmother? Then why did you say after 6 years you found out you were left 'his' house? I'm confused who died.

[@pattymillerkidd9234]

What happens if an estranged adult grown child (not included in the trust) insists on being a part of the trust after the parent has passed away, even though they haven’t had any contact for years? Is it legally protected in any way?

[@ericr2zz]

Hi Paul, Great videos! Thank you so much! If my parents designate money in their trust to me, is there a way I can reject that designation upon their deaths and give it to my children? Appreciate your advice. Thank you.

[@reneeca5696]

If all assets are placed in the Revocable Living Trust, are they protected from creditors?

[@joyjohnson3056]

@Paul Rabalet- I'm not sure if you speak with your viewers but I'm confused about a small scenario are you able to answer a question for me please?

[@Viper6622593]

Does an executor of a living trust receive compensation since it won't go through probate? In Florida

[@MariaSocorro-]

Should we need both last will and a living trust ? Ty kindly ….pls…..answered or the revocable living trust is enough . We don’t have much just and old house , retirements , life insurance and some cars . Kindly pls….explain ty

[@joyjones2571]

Totally off the subject but I have repeatedly tried to find someone who can answer and I don't think that I'm phrasing the question correctly. Possibly you can lead me in the right direction. Presently I live in Texas there is property in the state of Washington that I am interested in and yet I'm being told that the present owners who are residents of the state cannot legally operate an Airbnb or that type of establishment. If the property were owned by someone out of state IE me would I have any advantages to making use of this property for other reasons? Thank you in advance.

[@troycantrell1549]

was tolld i was willed a home in idaho with my sister 50/50.my mother sold the home.Do i have any say now.

[@VICKIE7440]

Thanks Paul. Question, can I use the assets put in a trust until the time of my death?

[@litrealred6840]

About to go to lawyer next week about a trust! Any advise?

[@lvnmykdz]

Ask that lawyer EXACTLY what decisions and how much it will cost your hiers after you die. My experience was horrible and expensive. My husband and I randomly (thank goodness) set up a Living Trust Aug 2021. Unexpectedly lost him Feb 2022. 3 of HIS bank accounts had not made it in the trust. Our fault. He got Covid Jan 1. Was sick all of Jan. We just didn’t have a chance to do what we were supposed too. Fast forward… to 12/4/2022. I informed our lawyer about his passing. Informed him of those 3 bank accounts. Had to do probate for those 3 accounts. I have paid him $7k so far. Got a bill a few weeks ago for another $9k. Had him call me. He said “that’s just how probate goes, it’s expensive” The lawyers paralegals have sent me all kind of things to sign via email. No one explained things correctly to me. Our estate was simple. Owned 2 homes. He was retired. Owed no body any thing. Very CLEAN and normal family. I let the lawyer know how I felt that he was NOT transparent about the cost of the probate process and nails me at the very end. Lawyers should explain at the TIME OF THE SET UP OF THE TRUST WHAT EXACTLY WILL HAPPEN once one of you die and how much it will cost. I’ve been listening to Paul since about March. He’s been very helpful. Now I don’t know if our living trust needs to be changed or modified. Good luck.

[@litrealred6840]

@@lvnmykdz Thanks! You are blessing! We own 4 homes! I will ask! Thanks again! 🥰💯

[@lvnmykdz]

@@litrealred6840 Your welcome! Good job! Also… when I lost my husband… I wasn’t able to get in his phone. We had just got it. Didn’t have his password. Had a LOT OF HEADACHES… with regards to the digital side of things. So many AUTOPAYS KEPT RENEWING. I didn’t know his Apple ID and password to stop those things. Amazon prime renewed… I had stopped all his credit and debit cards… Filing our taxes… Didn’t know his username and password to log into that. It’s a LOT!! We were married 20 years. Walking in my shoes sucks.

[@litrealred6840]

@@lvnmykdz You’re a blessing! A lot of people don’t think about that! I do all passwords, I put all in notes tables, I have told him which one it’s, if he can remember! All small things become big things! When my father pass my mother did not know have to write a check, that when I thought, I going to know everything, because I seen my mother go through not knowing nothing! You will be though and pray! Thanks again! 🙏🏻🥰

[@Gardeninggirl1107]

So with a Revocable Living Trust, I don't need to list any bank accounts I have since I already have listed beneficicaries on each of my bank accounts?

[@Corkfish1]

That's correct. Registering an account as TOD accomplishes the same thing as putting it in a Rev trust.

[@neogx148]

My mom was thinking of making a trust but she didn't know if she would lose her benefits on her property taxes since she's older then 60

[@ladysparkymartin]

Not at all qualified to give advice but I wondered the same. But I am the owner of my trust as long as I’m alive. It’s all still mine and my responsibility, and benefits if they apply. No trustee gets any right or power unless I die. So unless she passes, she owns and controls the assets within her trust too. Assuming it’s set up and filed with the courts properly and not part of a reverse mortgage scam or something. Best to you and your mom!

[@Corkfish1]

Not if it's a grantor trust.

[@JaneK6557]

I had a trust drawn up for my mother. Really. All she owned was her house and being over 65 in her state, she was not required to pay property taxes. When she died and the house was sold, we were required to pay back taxes that unbeknownst to us (her children) had been accruing since the trust was drawn up.

[@JaneK6557]

There are a lot of bankers and lawyers in jail for mishandling (stealing their clients assets) so beware. The famous Murdaugh trial would be a prime example. He handled lawsuits for folks, won the lawsuits, (some of them millions of dollars) deposited the checks into accounts he set up with names similar to his partner law firm) told the clients the law suit hadn’t been settled yet, or that it was settled, but for only a fraction of what it was actually settled for, cut them a check for a small amount and spent the rest himself. Don’t ever believe for one minute he is the only atty pulling this kind of BS every day.

[@moonshine3657]

how come you never speak in french?😃

[@KD-nk3ht]

I am 52, zero debt, no signifcant other nor do I want one, several million in liquid assets, and two houses which I own outright. I also have commercial property and agricultural land which is worth a few million. My problem is that I don't know who to leave everything. I'm in good health, but I need a will. Any one of us could die in an accident any day. However, I really don't like anyone well enough to leave squat. I am a gay conservative, and my woke little nieces and nephews get on my nerves. So do most people.

[@lvega5606]

KD, what about animals? I care very much about animals who suffer daily and the non-profit organizations that help them. There are local Humane Societies, bird and animal rescues, wildlife conservation organizations, etc. My dad is currently my beneficiary, but assuming he passes before me, I'm leaving my assets to the animals.

[@suzannortega6671]

There’s a gay conservative who has a podcast named Josh Slocum. He just got fired from his day job for having conservative views & id bet he would be very appreciative if you reached out to help him! His podcast is called “Disaffected w Josh Slocum” here on KZbin. He’s hilarious & in desperate need of financial support/help.