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A question I get a lot from clients and folks that come in to our offices, what's an irrevocable
living trust? And I always have to stop and take a deep breath and share with them that
irrevocable living trust are pretty rare. Irrevocable living trusts, living trust means
it's a trust you set up while you are still alive. Irrevocable means you can't change
it. What people really want me to talk to them about and what they really think they
want is something called a revocable living trust. In a revocable living trust it's sometimes
just called a living trust. And a living trust means that the trust you set up while you
are alive, if it's revocable it means you can change it which is what ninety nine point
five percent of people are going to want to do, because they don't necessarily know this
is it forever. And a living trust is a document that you can create that does two things.
And only two things. But it does two things really well if done correctly. One is if the
person who sets up the trust becomes disabled, then the trust allows the trustee, somebody
else maybe, that you selected, to manage your assets, distribute them to you, take care
of you if you are incapacitated. Disabled, more mentally disabled then physically disabled.
The other thing a living trust can do if it's done correctly is it can avoid the probate
process. Avoiding probate is wise in many situations, not always but in many situations.
Having a living trust that's done correctly allows a family to pass their assets to their
loved ones and not have any court involvement. When you are talking about court, you are
talking about expense. You are talking about delay and you are talking about privacy. When
of the big reasons we do living trusts in our office is to ensure that our clients assets
are kept private when they die.