Living Trusts: The Secret to Dodging Probate
The concept of a living trust bypassing the probate process has been widely discussed. However, it's crucial to understand the mechanics behind it to appreciate its full value.
At its core, a living trust is a legal entity that safeguards assets for someone else, namely the beneficiary. Imagine a trust as a bucket where the assets you put in serve as the water. A trustee oversees this bucket, ensuring the "water" remains safe, to be used for the beneficiary's benefit.
The word "entity" is key here. A trust, similar to a corporation or an LLC, is a legal entity. However, a unique trait of a revocable living trust is that while you're alive, it is considered part of you for tax considerations. The trust, or the "bucket," can be filled with assets without changing your tax situation. However, a remarkable transformation happens when you pass away.
Upon death, the trust takes a life of its own, becoming irrevocable, thus distinguishing itself as a separate legal entity for tax purposes. It's at this juncture that the living trust circumvents the probate process.
Read more: When Should I Put My Home in a Trust?
Let's consider a case where someone named Jim Bob has a properly funded living trust. At his death, his personal estate might only contain a small amount, say $1,000, which doesn't warrant probate court's attention. However, Jim Bob had wisely placed his house, substantial savings, and investments into his living trust. Now, his trust estate, worth three quarters of a million dollars, is still 'alive,' separate from his personal estate, and won't go through probate.
The successor trustee, appointed by Jim Bob, takes over managing the trust's assets. Their mandate includes gathering all trust assets, settling any remaining bills, and distributing the assets to the chosen beneficiary or beneficiaries.
The trust, therefore, bypasses probate by surviving the grantor. It continues to hold the assets, ensuring a smooth transfer to the beneficiaries without court interference.
Read more: California Trust Beneficiary Notice Requirements: Trustee Duty & CA 16061.7
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