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Author Topic: Debating going to a trust in place of the will.  (Read 900 times)
John Schmidt
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a/k/a Stuffy. '99 I/S Valk Roadsmith Trike

De Pere, WI (Green Bay)


« on: July 14, 2022, 07:12:26 AM »

My assets now are just my personal belongings both in the garage and inside the home. There is no real estate and my life insurance is slated to go to one daughter, the small investment account is slated to go to the other daughter. At this point I really don't know which would be most effective...the will or changing to a trust. Anyone have experience with this, both daughters are listed as beneficiaries in the items mentioned above, with my youngest also as POA.
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Oss
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The lower Hudson Valley

Ossining NY Chapter Rep VRCCDS0141


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« Reply #1 on: July 14, 2022, 07:22:43 AM »

In NY. No real estate and under 50000
Small estate proceeding costs  1 dollar
Do not know about your state

Also can do small estate with a properly drafted Will

https://www.nolo.com/legal-encyclopedia/wisconsin-probate-shortcuts-32038.html#:~:text=Wisconsin%20has%20a%20simplified%20probate,the%20hoops%20of%20regular%20probate.
« Last Edit: July 14, 2022, 04:02:59 PM by Oss » Logged

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Jess from VA
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No VA


« Reply #2 on: July 14, 2022, 07:27:46 AM »

John, all bank accounts, 401K or other investments, and life insurance policies have named beneficiaries (and usually first, second and even third choices), so none of that passes through a probate estate (if any), and need not be mentioned in a will.

What you want is no probate estate at all, if possible.

What you have left is personalty (stuff) and that should easily be disposed of by a will.  In as much or little detail as you want.  And, if you already have a will, you can add a handwritten list of what to whom, who you must trust your 1st named executor to carry out in accord with your wishes.  It's also not a bad idea to give things to whom you want now, if you don't need them now.

Trusts (inter vivos pour-over) are for people with larger estates who want to control how money and assets are distributed over time after their death (sometimes for many years).  (So someone doesn't blow it on liquor, blow and whores in 3 months.)  Plus trusts can be pretty expensive to set up, and then often need upgrades and corrections because of changes in law and taxes as time passes, also for a price for each revision.

Just make sure you have a valid will in your state (and tell your first choice executor where it is and how to get it).  And you can often go on line for simple will instructions (and rules) for your state.
« Last Edit: July 14, 2022, 12:04:13 PM by Jess from VA » Logged
98valk
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South Jersey


« Reply #3 on: July 14, 2022, 11:39:21 AM »

Wisconsin Estate and Inheritance Taxes

No estate or inheritance tax.

https://www.kiplinger.com/state-by-state-guide-taxes/wisconsin
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MotoRod
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« Reply #4 on: July 17, 2022, 05:24:39 PM »

John, all bank accounts, 401K or other investments, and life insurance policies have named beneficiaries (and usually first, second and even third choices), so none of that passes through a probate estate (if any), and need not be mentioned in a will.

What you want is no probate estate at all, if possible.

What you have left is personalty (stuff) and that should easily be disposed of by a will.  In as much or little detail as you want.  And, if you already have a will, you can add a handwritten list of what to whom, who you must trust your 1st named executor to carry out in accord with your wishes.  It's also not a bad idea to give things to whom you want now, if you don't need them now.

absolutly always have a beneficiaries or joint accounts an you finances. 

Trusts (inter vivos pour-over) are for people with larger estates who want to control how money and assets are distributed over time after their death (sometimes for many years).  (So someone doesn't blow it on liquor, blow and whores in 3 months.)  Plus trusts can be pretty expensive to set up, and then often need upgrades and corrections because of changes in law and taxes as time passes, also for a price for each revision.

Just make sure you have a valid will in your state (and tell your first choice executor where it is and how to get it).  And you can often go on line for simple will instructions (and rules) for your state.
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MotoRod

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