At Generation Living Trusts, we value your questions and are committed to providing you with the information you need, conveniently and promptly. Our Frequently Asked Questions (FAQ) page is designed to address the most common queries and concerns you may have.

With a Will, once probate is completed, all assets must be distributed immediately. With a Trust, the assets may remain indefinitely, since the Trust is a legal entity and “lives on” after the decedent’s death.

Without a Will, the state automatically provides one for you. Your Will will subject you to Probate Law.

Less than 1% of all law school students receive ANY trust law training. They are simply not trained in how to help you avoid probate problems. In many cases, the only reason for not having a trust is the attorney lack of knowledge and their realization that they will not get probate fees.

No, when you execute your Trust and Pour-over Will, you nullify any previous Will.

In Arizona, if your estate is worth $75,000 or more – you will be subject to probate. In Utah, the probate limit is $60,000+. A Living Trust (by not being subject to probate law) is not governed by probate law, thereby allowing transfer of yours assets to your heirs without extreme fees and unnecessary delay.

Today’s probate system can not be justified. The entire system is running along unchecked and is extreme in its costs and delays.

There is no change. You as trustee are still in control and the mortgage follows the asset holder of the real property.

Yes, it is better to transfer all assets into your Trust, thereby eliminating unnecessary conflict from heirs.

Yes and No – The probate process can be eliminated on the death of the first spouse if assets are held in Joint Tenancy. However, when the second joint tenant dies, all assets in the estate must be probated — plus you lose half of the Stepped Up Basis when the first death occurs.

Yes, the trust is valid.

Yes, it’s quite common to have an A-B Trust that identifies the separate property of two individuals, and is especially appropriate when they have purchased property together.

It is one Trust while both Trustees are living, but can be divided (at the death of the first spouse) and used to determine the difference between the decedent’s assets and the survivor’s assets.

Yes, by a properly written Living Trust.

It is not necessary, however, you should always tell your Successor Trustees (who might be your children) where your documents are kept.

Yes, all but the Pour-over Will portion which is not tax deductible. According to the 1980 tax code, the “estate tax planning” of the Living Trust comes under miscellaneous expenses and must exceed 2% of your adjusted gross income for a tax deduction. Check with a qualified CPA.

The IRS has ruled that the Living Trust has no effect upon income taxes. All income flows to the individual who continues to report all income on the U.S. lndividual lncome Tax Return (Form 1040) whether filing married, single, or as head of household. You still use your social security number. In 1981, Congress legislated that Form 1041
(the Trust tax return form) would not be needed to use form 1040. If the IRS mistakenly says you must use “1041”, simply advise them that your Living Trust is a “Grantor” Trust as mentioned in Section 1.671-3 (a) (1) of the IRS regulations.

Yes, your Trust should be made the Contingent Beneficiary (if you’re married) or the Primary Beneficiary (if you’re single) of all your life insurance policies. In doing so, your policies will be in order. Without a Living Trust, if you and the beneficiary die simultaneously the insurance money must pass through probate before it can be given to any heirs.

You may wish to keep your checking account(s) if they remain under $75,000, and your moderately expensive cars outside the Trust. Cars are exempt from probate in most states because they fall under the jurisdiction of the Department of Motor Vehicle Code and correlating Probate and DMV would be impossible. However, if you own a more expensive car, more than one moderately priced car or a motor home, it is advisable to record those vehicles in the name of your Living Trust.

Most definitely, in some states mobile homes were once registered as motor vehicles but are now registered in a different department. In California for example, all new mobile homes bought in California must register with the Department of Housing and Community Development.

No, a creditor has a claim solely against the assets of the Trust (assuming that the Successor Trustee has acted in good faith and not abused their capacity as Successor Trustee. This is why you pick someone you “trust”).

It is not necessary, but, is a good preventive action. We would always suggest that you put your safe-deposit box in the name of your Trust.

Your Trust should be included as a ‘beneficiary’ – either ‘Primary’ (single client) or ‘Contingent Beneficiary’ (couples)… speak with your financial advisor. It should never be the owner of your Keoghs and IRAs, because that is comparable to an outright distribution and could generate serious taxable consequences. Speak to your financial advisor for recommendations on how best to reflect such retirement accounts in your trust.

You may use your assets in your trust, but not your Trust.

No, it does not act as a tax shelter.

If you are older and have, in essence, finished building your estate, it may be appropriate to retain your trust in its existing form and not include your new spouse in the Trust. In this situation, the spouse should have their own Trust (often called a ‘separate property trust’).

No, there is no effect on income received and social security benefits are considered income.

No. Transfers into a Living Trust have no effect on property taxes.

Yes, your share (‘undivided interest’) can go into the trust without changing that owned by others. However, some states may require the signature to alter the originating deed documents.

Yes. There is no limitation on where your Trustees or beneficiaries reside.

No. Once your current assets are transferred to your Living Trust, you take title to all new assets in the name of the trust. They will then be owned by your trust.

No. The Revocable Living Trust is a private document which is not publicly recorded. However, if you own any interest in real estate, the new deeds showing trust ownership will be recorded at the area’s county recorder’s office. Additionally, all of those responsible for handling your assets (banks, credit unions, brokers, etc.) will also have proof of the existence of your trust once you re-title your assets into your trust.

Yes. You sell assets in the same way you currently do. You will, however, add the word “Trustee” (or ‘TTEE’) after your signature.

Yes. While you are alive and competent, you can alter your trust or even revoke it without penalty at any time.

Yes. In fact, all real estate should be transferred into your Living Trust. Otherwise, upon your death there will be a probate in every state where you own real property. When it is owned by your Living Trust, there is no probate anywhere.

No. The Revocable Living Trust has been authorized by tax laws for centuries. The government has no interest in making you go through probate or a Conservatorship proceeding. Such actions only clog up the courts.

No. All your assets (except IRA and pension benefits which reflect change of beneficiary designations ONLY) can actually be owned by your Revocable Living Trust. We assist in transferring your real estate and all your personal property. The only assets you need to transfer are your stocks, bonds, and bank accounts and, in most cases, there is no fee for changing title to these assets into your living trust.

Yes. All your assets, both’ separate property’ and ‘community property’, are transferred into your Living Trust but they are not co-mingled. Separate property assets retain their separate property character while in your trust. If there is a divorce or dissolution of marriage, all assets come out of your Living Trust in the same way they went in — Community Property is divided between the parties and separate property is returned to the party who originally owned it.

No. The drafting of your Revocable Living Trust should only be done by a skilled estate planning attorney trained in the area of tax and trust law. It is important that you seek out an experienced organization in order to create your Living Trusts. After all, your Living Trust will be the document which manages and disposes of all your hard earned wealth. Make certain you choose a law firm that is both qualified and experienced.

Yes. Your Living Trust is valid in all 50 states, regardless of the state where is was originally created.

No. A Living Trust can help anyone who wants to protect his or her family from unnecessary probate fees, attorney’s fees, delays, court costs, and estate tax. In fact, if your total estate is greater than $60,000 in Utah and $75,000 in Arizona, a Living Trust offers substantial protection for you and your family.