Wills and trusts are the basic building blocks of estate planning. Depending on your unique situation, you may need a last will and testament, a trust, or both. The truth is that every adult should have an updated estate plan containing a will or trust. These basic tools help to ensure that your wishes will be carried out, no matter how much or how little you own, or your stage in life.
If there’s one thing we have learned, it is that life is unpredictable. Taking the time to make or update your estate plan will provide peace of mind to both you and your loved ones, regardless of what the future may hold.
Wills and trusts attorneys Amy Beaton and Larissa Kiers help you evaluate your situation and work with you to create a will or trust that achieves your estate planning goals. To get started on making a will or trust, contact Beaton & Kiers.
Commonly referred to simply as a will, a last will and testament is a document that allows you to dictate the distribution of your property after your death. Your will also identifies someone you trust to serve as your executor; your executor manages the estate business and distributes your assets when the probate process is completed. You can also use a will to name a guardian for your minor children.
A last will and testament has many advantages as an estate planning tool. It is a fairly straightforward document, and is a sufficient foundation document for many estate plans. A will allows you to leave specific items to certain individuals, and is relatively easy to update as needed.
There are many types of trusts designed to achieve different goals. A trust attorney can help you identify the best type of trust for your needs. One of the most popular is the revocable living trust. When you create a living trust and transfer your assets to it, you can still use, manage and even transfer them, but your name is no longer on the title.
In other words, you no longer legally own those assets; the trust does. If you have put all your property in the trust and then become legally incapacitated or die, you don’t own any assets for the court to control. Instead, the person you have named as successor trustee in your trust document can seamlessly step in and manage those assets for you or your chosen beneficiaries.
Revocable living trusts are popular because they bypass the probate process and often result in a quicker, more efficient distribution of property to your beneficiaries. Living trusts are easy to change or to revoke altogether if the need arises. If you have beneficiaries who are minors, or who are not mature enough to responsibly manage their inheritance, the trust can continue to keep their assets safe until they are ready to do so.
Many people put off making an estate plan because they are not sure whether they need a will or a trust. The good news is that you don’t need to know the answer before sitting down with a wills and trusts attorney. At Beaton & Kiers, our first step is getting to know you and understand your family’s needs. With that information, we can guide you toward the estate planning documents that are right for you, whether that means a will, a trust, or some combination.
Our wills and trusts attorneys know that making a will or trust isn’t just a legal transaction for you; it’s how you protect your family’s future. We work with you to create the documents that meet your needs today, and we will be here to help you update your will or trust as those needs evolve.
To learn more about New Hampshire law regarding wills and trusts, or to create or update an estate plan, contact Beaton & Kiers to schedule a consultation.
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