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15 Good Reasons to Set Up a Living Trust

  1. It’s a Private document - never filed with any government agency (unlike a will)

  2. It avoids probate (a time consuming, expensive court process) for your loved ones

  3. Someone you trust can handle your finances for you if you become disabled

  4. Someone you trust distributes your assets after you pass away, without probate court

  5. Your children can receive their inheritance incrementally rather than all at once

  6. Someone you trust holds the “purse strings” and uses trust funds for the benefit of your children, should you and your spouse pass away

  7. Allows you complete control of your assets during your lifetime

  8. Avoids death/estate taxes for your loved ones

  9. Highly useful if you own real estate in more than one State

  10. Highly useful if you have a special needs/disabled child

  11. Reduces the risk of lawsuits & disputes after you pass away

  12. Reduces the risk of estate creditor claims after you pass away

  13. Preserves your assets

  14. Saves your family time and money

  15. Speeds up distribution of inheritance monies

An Illinois Living Trust allows your family to receive their inheritance through trust administration rather than a Court process called probate. While you are alive you can manage your assets as you do now, with total control. Should you become disabled, it can allow someone you trust to step in and manage your finances on your behalf. When you pass away, someone you trust can be in charge of preserving trust assets so that your minor children do not receive and spend their inheritance all at once. It avoids death and estate taxes, speeds up the process of distributing inheritance to loved ones after you pass away, and saves your family time and money.

These are generalities about living trusts in Illinois and individual cases may vary. A living trust must have all the grantor’s assets re-registered in the name of the living trust to afford the benefits discussed above and to effectively avoid probate and estate taxes.

If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.


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