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Don't Make This Living Trust Mistake for Your Family
Mark J Kohler (Subscribed)
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Summary
Leaving just one asset out of your living trust can create significant problems for your family, costing them money and time, or worse. A living trust is only effective if properly funded. This digest outlines five common assets people forget to include: vehicles, retirement accounts, life insurance, business entities, and cryptocurrency. For vehicles, especially those paid off, titling them in the trust's name can simplify title transfer and prevent disputes among beneficiaries. If there's a loan, an LLC owned by the trust can be an alternative. For retirement accounts, naming the trust as a contingent beneficiary, using 'see-through' trust provisions, ensures the trust's rules govern distribution, preventing unintended consequences like assets going to ex-spouses or beneficiaries in difficult situations. Life insurance, often a large, tax-free payout, should also have the trust as a beneficiary. This allows the trust to manage and distribute the funds according to your wishes, potentially guiding beneficiaries towards better financial decisions rather than a lump sum. Business entities, whether for assets like rental properties or operational businesses, should be owned by the trust. This allows a trustee to manage or sell the business seamlessly after your passing, avoiding probate. For cryptocurrency, since direct titling isn't possible, the trust should contain detailed information like passwords, keys, and exchange locations so your trustee can access and distribute these digital assets. Finally, a bonus asset, firearms, can be complex due to varying state laws; titling them in the trust or using a dedicated gun trust can simplify transfers. The key takeaway is to conduct an asset audit, listing everything you own and how it's titled, to ensure your trust is properly connected to all your assets.