Last Will Plan or Revocable Living Trust: Financial Costs Involved
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- Опубликовано: 4 окт 2024
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People often ask how much a will or a trust costs. In this post, we look at the overall financial involvement, from implementation until after death, of having a Last Will-based Legal Plan versus a Revocable Living Trust based Legal Program.
For most, there are two different ways you can leave your estate to your survivors - through your Last Will and Testament, or through your Revocable Living Trust.
For prospective law firm clients who want to schedule a free 15 minute initial phone call with Paul Rabalais, go to: go.oncehub.com...
It is generally less expensive to establish a Last Will based Estate Planning Program because with a Will Plan, you will leave all of your assets in your name. You won't need to re-title your home, your other property, your investments, or other assets into a trust's name. However, when you pass away, your assets will be frozen, and your executor and heirs must go through a court-supervised process to remove your name from your home, investments, and other "probate assets."
When you set up your revocable living trust, and re-title assets in your trust, you are arranging your affairs in such a way that your trust assets will not be frozen when you die. Your trustee, when you pass away, retains the authority to access, manage, and transfer your trust assets to your trust beneficiaries in the manner you arranged in your trust instrument. In effect, your trust replaces your last will.
While there is generally more cash outlay up front for the legal services necessary to set up a trust versus a will, the overall cash outlay considering the two probates the family must go through when each spouse dies, typically far surpasses the outlay of setting up the living trust and avoiding the two probates.
This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.
Paul Rabalais
Estate Planning Attorney
www.RabalaisEstatePlanning.com
Phone: (225) 329-2450
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I have everything setup in a revocable living trust and separately have an instruction sheet of how things should be handled regarding personal belongings. life Insurance ., annuity, government bonds, bank certificates have designated beneficiaries. I annually review this with my children/beneficiaries.
People should know that there are additional cost going with trust as well. Cost to update the trust with changes with your life or law changes. Costs to fill out a 1041 trust return and if you don’t know how to do that, cpa to complete that as well. You may also need a lawyer to help administer the trust if complicated.
I am in the process of closing out my mom’s probate. She owned a house and a vehicle, no investments, and my legal fees have been approximately $14,000. Worth every penny because I could not have done it by myself, but avoiding that expense would have been nice, too. So now I am getting my trust set up so my daughter doesn’t have to go through this.
Your channel is the best on this subject: clear, concise, and chalked full of information! Thanks so much. You’re making a complicated, uncomfortable conversation more comprehensive and confident to have. Thank you so much! 🤝
Thanks for the motivating praise JN! 👍
Thank you for explaining that. I didn’t realize that it was cheaper to do a trust.
Is there a maintenance fee for the trust from the lawyer? And for changing the trust is there a fee?
In the will option route, we should probably consider the monetary representation of the family's time to speak with lawyers, time in court, time spent travelling to make appointments, fuel expenses, and compensation missed from having to be absent from work.
This is great and easy to understand! Why don't they teach this in college or offer courses on the job about this? This is the kinda stuff that matters. Thanks!
Thank you for the clarity between the two.
We see our lawyer tomorrow. You have helped me understand the difference between a will & a revocable trust. Thanks!
I watched the agony my uncle went through being executor for 2 seperate wills on my great aunt and then 3 years later on my grandmother. Both took nearly 2 years to clear before the estate was settled and the whole while the heirs were being impatient and bugging the dirt out of him... tons of legal fees ate into the inheritance.. I am absolutely sold on doing a family trust... don't burden those that are grieving with all the BS and expense.
Also.. having zero confidence in the direction the US is going... I'm considering doing an off shore trust out of the Cook Islands or somewhere for asset protection purposes. I'd love so additional information on that beyond what I'm finding.
Learned something new, thank you!
You are so Awesome to help us. You are very helpful, thank you very much!
I am glad u made this easy to understand I live in Louisiana and worry about what will happen to us without a will. We are getting up in age and need to set things up. Living trust I think is the way to go!
We have as of yesterday fully funded our Living Revocable Trust.😁 Your channel has been my go to for information on trusts. We originally did this to make it easy on our child and quickly realized the cost savings of a trust over a will. Thank you so much for the time you spend educating us on estate planning. Next step is to talk with siblings that are in denial and doing nothing.
did you set up your Living Revocable Trust yourself or thru a lawyer?
I totally agree. I am a trust accountant and dealing with death and assigning assets in trust have minimal cost plus very less efforts.
Gurjant Sandhu...
Are you in the USA? I need to ask z few questions to point me where I need to go, or a reference for a good estate planning person. Thanks in advance for a response either way.
@@mernafrederick5153 I am sorry Merna, I have very limited knowledge into estate planning. If you have a fairly large estate then my suggestion will be to go with investment banks (they have all kinds of people and vast resources at hand) otherwise look for a local person.
Have you heard of Dave Ramsey? I listens to his podcasts and he endorses some professionals. On his website you might be able to locate some one near you. Hope this helps.
I did probate for 2 states for my parents ( farm land was in another state, a big expense ). Cost was $27k
Thanks for sharing that info. You’re helping others make informed decisions. 👍
no way?
@@justwannasay5454 Also.................. a relative from Oklahoma died intestate................. a country lawyer took 8 years to do probate !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Trusts I saw in Georgia Probate for ordinary folks were often made many years ago, during the Norman Dacey craze (How to avoid probate!). Unfortunately, most of these people never updated the assets placed in the trust, or took the documents back to a lawyer to update the "Kit" they got for $2500 at a lawyer's office. As a result, I had a probate and a trust to contend with, and extra legal fees for the client, to straighten it all out. The well to do likely would not have such problems, of course. Enjoy your channel, and how it works in Louisiana (never could figure that out from GA)
Thank you! You are the best!
Thank you so much for this generous, informative and educational information!
If your thinking about the trust route make sure you talk to a CPA regarding tax... by using a trust your capital gains will be huge, instead probate will reset your base.
Great overview of the topic. A lot of info and insight packed into 12 minute video. Thank you.
My wife mother's estate just went through probate, it took a year but the cost for everything was less than $1200.00 including lawyer fee.
your family obviously had a rare asset...an honest lawyer.
Thank you for your videos and easy to follow ways of explaining things. I would be interested to know how both a will and trust each may or may not be affected by a need for one or both spouses to enter a nursing home if they end up receiving Medicaid.
you need to look into an irrevocable trust which would help to protect your assets and would not be affected by medicaid.
Thank you
I wasn’t sure if we had chosen correctly w the “Trust” but this did clear up a lot.
Paul. Even for a Canadian like myself this simple demonstration makes the point, so I thank you.
Mr. Rabalais, in comparing the costs of trust to will where have you accounted for the cost of trustees services? Isn't the annual cost of trustee's fee about 1% to 2% of the assets in the trust. Let's say a trust that has between 2M to 5M, if one doesn't want to designate a family member as trustee, than still you think overall cost of trust is less than cost of will?
Thank you, for being so honest. Twenty grand, is a lot to loose. Our attorney, talked us out of doing a Revocable Living Trust -- go figure.
That is interesting, our accountant thought it was unnecessary as well. We thought it was worth it to avoid probate and don't regret the decision.
@@dljg5442 We just had this conversation with our accountant as well. And he too discouraged us from putting our assets into a trust. But since Paul has graciously expanded our knowledge of why you would put your estate in a will, it sure makes perfect sense. Thank you, Paul!
Excellent video!!
Set beneficiaries for all your bank accounts, mutual funds, 401k, 403b, IRAs. Very easy, free, and override a Will.
Exactly, so simple. Give a trusted family member or friend your POA for medical and legal decisions too. Gays falsely believe that marriage laws will protect their assets for their partner. No, put their name legally as your beneficiary and protect their ability to stay at your side and make decisions for you.
Thanks Paul for efforts to educate us! We have been delaying actions becauses of the confusing messages from other places. Now we feel informed enough to move forward.
Thank you so much for explaining it like this . Had no idea a will requires your beneficiaries to go to probate court all the time . Living Trust seems to be the best option .
What about a single person? What should be chosen?
His costs are IF you hire a lawyer. These are all lawyer fees. Everyone has a right to write a will and have it notorized. I love this guys videos and very much appreciate his knowledge but… he is presenting his advice from his pov. Im no expert but ive done this 4x with parents and sibs and only once was a trust needed and paid for. The other 3 estates cost ZERO. No lawyer. No headaches. no massive tax consequences. There is a system in place with all institutions and your county court that is virtually free.
Thanks Paul. We / I need to do the RL Trust bc our home is paid for & we have 1 child, a daughter & we don’t want her & her family to have to go thru probate! She can just sell the home & make bank! Or do whatever she wants to do o w the home.
If in a will it is established that the 2 heir children (of a single mother) will receive 50% each, why do they have to go to Court for a Probade process?
Is it necessary for Probate if Husband and wife own everything jointly?
I'm curious about this, too. My wife and I own our house in Alabama with a Joint Survivorship Deed. Thanks for sharing your great videos.
You will need to remove the deceased spouse if you want to sell. Same as a car.
You are awesome! Thank you for making these issues easier to understand. Much appreciated.
thanks
Great information again easy to understand and very helpful thank for you time.👍🏻
If you have designated beneficiary and/or contingency beneficiary for all assets, can you avoid probate
Great information. What viewers need to understand is that no two cases are identical and you need to have a plan that fits your case. Obviously, right? Well, some people forget the basis of assets transferred and other tax considerations of certain assets, like a long time held family residence, so don’t just plow ahead without giving adequate consideration to the assets, it’s basis and other factors that would go inside a trust. Again, great channel and info.
Does the trust have to file tax returns before death of either spouse? After death of first? After death of second? What expense would that add?
Thank you for your detailed explanation. I appreciate your advice.
great job Paul, I live in Toronto Canada and see your information probably isn't the same but its information is still very helpful EXCELLENT!!
TY! MANY OF US NEED THESE INFO.
Your channel is very educational and straight to the point. However, the only problem I have is your audio. It's has too echo. Please invest in a good mic. Much respect. 😊
Thank you for making things clearer 👌👍🏼
Happy to help!
Does the trust supersede the will
Thank you so much.
Thank you, very informative and educational. New subscriber. 👍
I don't see a reason why I would need a trust, if I am correct. I am divorced and do not own property. All my bank accounts and IRA's name my sons as beneficiaries. Would there be any reason I would need one?
Every Saturday
Fantastic explanation
Tank you the information very explain
What if there are changes after the trust has been setup? An example would be if a house is sold and another is bought or one spouse is put into a full time care facility. How are these things dealt with in a trust?
Can I set up life insurance and retirement beneficiaries to only allow so much money to go to my two sons each year? I don’t want them to get so much money all at once. They won’t appreciate it. Also I don’t want daughter in laws to get it if they get married and then divorced.
living trust can do it
Can a trust be challenged by people outside of the trust?
Can you sue the executrix of a will who does NOT carry out the wishes of the deceased as outlined in the will? My wife's mother passed and left money for each grandchild to be used for their college education. Instead, the executrix used that money to buy herself a car and put HER through college. Is there a statute of limitations either criminally or civilly for something like this? Thank you. The will originated in Arkansas.
Question: is there a video on how to leave my Co-op apartment to my husband as primary, and friend as secondary. I bought it when i was single years ago. I am in New York City.
Payment on Death POD or Transfer on Death TOD at financial institutions - banks/brokerage with a will avoids needing Trust. I had one and lawyer kept updating it at about $1000.00 each time. E.g. new law re IRA withdrawal.
Can't thank you enough. My mother just passed and in the middle of mourning we are trying to do this. Do you have a checklist of things that should be done I'm at a loss as to where to even start.
Great video I agree
So if your net worth after funeral expenses is less than around $20,000 is it not really possible/practical to leave anything (after legal expenses) to your children? Is it not even worth having a will in that case, assuming there aren't any issues with custody of minor children?
Hi Paul, great channel. Thank you! I am wondering how to go from a revocable trust to a non revocable trust later and the costs! Also, in putting assets in the trust, does it make a difference if the assets have loans against them?
I recently had an attorney write a will for me, but I haven’t signed it yet. Having listened to your RUclips instruction, I am convinced I prefer to use a revocable living trust. Should I also sign the will or use only a trust? I live in Michigan.
I am in Financial Services, not Estate Planning, but I say go ahead and sign it in case you pass before the Trust is set up.
Unless you can set up the Trust as quickly as you can sign the will.
Later you can turn your will into a pour-over will. And your will will have always served you well as a safety net.
What do you end up doing, if you don't mind?
Thanks.
what about if you have beneficiaries in bank ,retirement accounts will it be probated ?.what if you change the title of the house will it be probated ?.?
Curious, under trust plan don’t you lose stepped up basis on assets and potentially incur large tax liability
I have overseen two Wills and neither cost more than a couple hundred dollars to file on and disburse funds and property. Where you coming up with $8000?
Across the US, there are high-cost probate jurisdictions (California, New Jersey, Oklahoma) and cheap probate jurisdictions (such as Georgia, where I was located). The states are so variable that you can't generalize). My old prof in property taught us that Georgia was "a cheap place to die", and is still is.
Many unmarried with NO children, what's the best option!
Opportunity cost for the living person prior to death?
Those 20k vs 5k numbers only work if viewed post death for survivors.
If Medicaid takes what's left in the end, there is no probate because it's under the even for low limit of many states for unrelated people.
Paul, please learn to hold tablet more steady. Otherwise,very informative video! Hope it saves me trouble.
No, it doesn't help. You didn't say one word about Estate Tax. And Trusts must be administered and tax preparations done. It's not $0.
Wow. That was so helpful. Question: when do a Trust, what docs are included by Atty? Also, if me as wife is on house deed, does it automatically go to me after husbands death then would go to daughter per the Trust as we set up?
Whenever I hear discussion on wills and trusts it always seems to center on cash and cash equivalents but never involving their respective affects on Land and real estate properties, especially farmlands. Often times these type properties are very family involved and when the primary owner dies, what plan works best for that situation? In this case I am specifically asking about the cost between the two vs the benefits. I can pay $5k dollars for a used Hyundai or $80k for a new Mercedes. Both are cars and will get me around town, but both have benefits/costs that depend on the user needs as well as current resources.
Thanks for the larger picture outlook. What happens the deaths come w other medical debts, do the beneficiary now have to burden the debt after the sell of all assets?
If the property is owned jointly, do you still need to go through probate?
How about legal zoom? $100
If I live in Texas does your info apply
Your an amazing teacher who needs to advance your career to NICER approved Forgery Proof Legalese Administration Lawyer adding 100 times more value to earn 850% more than Estate Planners.
For me, will, etc $300. TOD for house $400. Probate will be next to nothing. I still think that is a better route.
Do you have living parents? Children? Brothers or sisters? If you get a judge who wants to be thorough, it will still take a year and thousands to probate the will.
@@tmcorey1 Is it absolutely necessary to hire a lawyer? Is it strictly and completely impossible to execute a will without hiring a lawyer?
@@patrickcleburneuczjsxpmp9558 No, but the system is designed to grind slowly and almost “punish” those who choose to go pro se. Even with an attorney, probate will take at least 6 months, without, I bet 12-24 months? And that’s with no issues. Who wants to do that when it is absolutely unnecessary with a trust? Administrator(s) get complete control the moment the person passes. No judge. Why wouldn’t folks want that? Who wants a stranger in a robe deciding when and who gets what? For a significant fee?
@@tmcorey1 Thank you!
My trust and pour over will was less than $800. No probate at all? Having gone through probate recently for a stubborn aunt who passed, I can tell you that even filing the paperwork for a simple estate is hundreds of dollars and very time consuming, death notices in the paper for any outstanding debt, blah, blah, blah. A trust is the only way to go in most instances. It’s just that simple.
I live in Florida, Trustee is in La. can you do a Trust for House in your office?
HELP! I NEED A VIDEO ON THIS TOPIC!
I have an adult special needs child and spoke to an attorney who specializes in special needs & elder care planning. We both agree that a special needs trust needs to come into play at some point (either before I die or upon my death)....but she seems to be steering me toward a "will only" with a special needs trust created upon my death...instead of having a "living trust" in the mean time... and when I asked her about about the cost and hassle of probate, she told me that there will most likely be leftover items (such as personal household "stuff" that cannot be titled in the trust in which probate would become necessary anyway...to which I responded, "but isn't it true that "only those items" that are not titled in the trust would need to go through probate? Isn't probate expensive and frustrating?"....(I didn't ask whether probate would actually be "necessary" for personal household "stuff" because this was a 30 minute consultation) She then just seemed to get frustrated and didn't clearly answer the question. She is not the first special needs attorney who seems to want to just come in and "tell me what to do" without bothering to take the time to ask questions and get the entire picture of what it is I'm wanting to accomplish...or explain the pros and cons of the various options. Is this normal? I'm experiencing some serious resistance to moving forward in this way. I find this rude and condescending, and more importantly, "scary" in that I can't know that what I'm being provided is actually going to accomplish what I need it to.
Attorneys who specialize in special needs planning are somewhat sparse in any given state compared to general estate planning attorneys. I've already encountered two with this "just do it my way"..."trust me"...attitude...and both seemed condescending and intolerant of valid questions. Any advice on how to move forward here?
you better find another lawyer!
@@marktierney6128 yeah...easier said than done, unfortunately :(
Do you have to re-title the asset(s)?
Can you not create a Trust Deed to name your sons/daughters/spouse as beneficiaries and retain rights to live in the home while you are alive?
Just an idea!
Beneficiary deed for your house to go to kids or whoever. $80 at a paralegal.
If I don't get any letter from person who past away.What I need to do? I didn't sign any permission to anyone, because I don't have no children and of course grandchildren also.Also, I am not married long time.Person who I am leaving with she is a hoarder, who I trying to help, but she doesn't let me, she brings everything back from the garbage can. She can't admit about her mental illness. How she can be involved on my life, if she need help
Paul, is a TIN for an irrevocable trust tied to the grantor, or does this create a new taxpayer account in no way associated with the grantor? And does this make the trustee responsible for filing the returns?
The grantors SSN is on there to start. After death a new TIN is obtained.....as the trust still existed to make payouts to my sibling.
A relative from Oklahoma died intestate................. a country lawyer took 8 years to do probate !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Wills or trust lol I got a different question wich one of these are better a revocable living trust or a danasty trust and whats the difference
Real question is , what are YOU going with when you pass??
What are the costs of doing nothing?
$0 is the cost to you. But how do you set a value on the hassle to others?
The cost to the person: Nothing, that person is dead. Potentially, however, the cost to unidentified heirs is everything. Example: When real estate is involved, the State, in this case Virginia, could ultimately own the real estate i.e. Code of VA § 64.2-200 "C. If there is no other heir of a decedent's real estate, such real estate is subject to escheat to the Commonwealth in accordance with Chapter 24 (§ 55.1-2400 et seq.) of Title 55.1."
Thank you sir
Choose a will. Invest the difference. 50 years later the $3000 turns into $100k in today's dollars.
After death of my husband in VA everything went to me automatically without a will.Didn’t cost me a penny,I was beneficiary on IRA and his pension,so there wasn’t a problem.I don’t know why the other states have more complicated rules.Now I live in WA and I bet here are different rules .WA is a expensive state to live in
We plan on dying with zero so, a low-cost testamentary trust should be fine for the average couple. Probate costs are exaggerated & pitched by my estate planning attorneys. If your estate is simple like ours with 2 grown kids 1 house & IRA's probate shouldn't cost that much compared to spending extra for revocable trust.
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Thank you!