"Avoid
Probate with a Living Trust"
How
can you avoid falling into the
"probate trap"? |
There
is a Solution -
Read on . . .
Dear
Friend:
Probate
has a bad name.
Generations ago, the
probate system was conceived as one
orderly way of transferring the property
of a deceased person to his or her
heirs. It was designed to protect the
heirs.
Today it has become an
ugly, legal nightmare where lawyers,
clerks, guardians, administrators,
estate appraisers and bonding companies
bilk widows and orphans
out of their inheritance.
All across the nation,
greedy lawyers in league with conniving
judges and bureaucrats plunder huge
chunks - and sometimes all - of an
estate.
First,
let's see what's wrong with probate, and
then let's see how you can avoid
probate - so that your family can get to
keep the assets that are rightfully
theirs.
Three
things wrong with probate.
Probate
costs too much!
In
most states, probate fees are set by
law as a percent of the
"gross" estate. Say, you
left an estate consisting of your
home, an automobile, stocks and bonds,
savings and a few other personal
possessions worth $200,000. The
executor's commission and
high pressue
attorney's
fees to probate this estate in
California would amount to $10,300.
Average fees in other states
range from 3.8% in Utah to 11% in
Alaska.
Let
me show you how high the stakes are:
Maryland legislature has been trying
for the past seven years to ban
percentage fees in probate cases;
every year a lobby organized by
probate lawyers has been able to
defeat the bill.
Probate
takes too long!
On
the average, it takes two to five
years to settle an estate. For all
practical purposes, the estate is
frozen during probate while the
judges, court officials and attorneys
have a field day picking it apart. The
beneficiaries, in the meantime, wait,
wait ...and wait. This is why many
lawyers would rather write Wills, and then make a bundle when the
Will is probated.
Probate
creates unwanted publicity.
Everything
in probate court is a matter of public
record and, unfortunately, there are
individuals who go from probate court
to probate court compiling lists which
are then sold to unscrupulous people
who prey on widows and try to separate
them from their inheritance
using high pressure.
Sincerely,
Richard
Graham |
How Can You Escape From the Vagaries of
Probate?
Now
that you know why you should avoid
probate, let me show you the most
effective way of doing it.
The law has provided
everyone with a magic key to probate
exemption; it's called "inter
vivos trust" or a "Living
Trust." With a Revocable Living
Trust, you can pass on your assets to
your spouse or children or other heirs
in entirety - without delay, and
without the lawyers, administrators,
courts, or the appraisers skimming off
from the top.
Here's
how a Living Trust works. You
create the trust by preparing a trust
instrument on forms in which you
simply identify:
-
Assets
you're transferring to the trust
-
Beneficiary
of the trust (your spouse,
children or other heirs)
-
Trustee
(i.e., you) who'll manage the
trust .
Precisely to help you
avoid or reduce the costs and the
nightmarish problems of probate, we've
put together a revocable
LIVING TRUST KIT.
The Kit
is designed for a lay person to
transfer his principal assets to a
Living Trust, name himself as trustee,
designate beneficiaries who'll inherit
the estate - without the rigors of
probate -upon his death.
By
creating a simple Living Trust
document, you'd have freed yourself of
the legalized larceny of probate.
Simple as that.
A Living Trust is set
up by you while you're alive. You name
yourself as "trustee" and
you maintain full control over your
assets just as before. You can do
whatever you wish to do with them -
manage them, sell them, or give them
away. The trust does not become
effective till you die or become
incapacitated.
The person you would
designate on the forms as beneficiary
of the trust (your husband or wife or
children) is called "successor
trustee." Upon your death, the
successor trustee takes over the
estate immediately without going
through probate and terminates the
trust. It's that simple.
Your trust would be a Revocable
Living Trust. You can abolish the
trust or alter its terms or change the
beneficiaries at any time you wish.
The document provides you with the
maximum amount of flexibility.
The
kit also includes downloadable
Living Trust software with forms.
|
More Benefits of a Living Trust |
Let
me point out two more benefits of a
Living Trust. First, disgruntled
heirs find trusts extremely difficult
to contest. When an estate
goes to probate, the court freezes its
assets for several months and asks
anyone to come forward and contest the
Will if they please. Someone
contesting a Will doesn't even need to
hire a lawyer. But to contest a trust,
a disgruntled heir needs to hire a
lawyer and file a civil suit. In the
meantime, the trustee is free to
distribute the assets to the
beneficiaries immediately.
Your
estate isn't tied up in lengthy
litigation.
A
Living Trust offers another important
benefit. A growing number
of older Americans are putting their
assets into a Living Trust because
they want to avoid being placed under
a court-appointed guardian if they
become unable to manage their affairs.
With a Living Trust you can specify
in advance whom you want to manage
your affairs if you ever become
incompetent.
|
How
Effective is the Living Trust? |
Let's take a simple example of a
savings account. Upon your death, the
bank would very likely block the
account while the Will is being
probated. It will not allow any
withdrawal from the account without a
court order.
However,
with a Living Trust, your beneficiary
walks into the bank with the trust
document forms and the death
certificate - and walks out with the
money. No two-to-five year delay. No
ten percent in expenses. And no
publicity.
|
Order
Your Kit Today and Save!
Use of a
revocable Living Trust is valid in all fifty
states. Normally, you would set up the trust
in your present state of residence or
domicile. However, if you find it more
advantageous to have the trust interpreted
under the laws of a different state, the Kit
allows you to designate your preference.
THE
LIVING TRUST KIT
contains everything you'll need to
establish
your revocable Living Trust: |
-
Ready-to-use
forms and documents.
-
Step-by-step
instructions and information.
-
Actual
samples, examples and explanations
of various terms.
-
It
shows you how to prepare the trust
document forms, how to implement the
living trust by transferring title
to the property to the trust, and
eventually, how your beneficiary can
distribute the trust assets to
himself or herself and dissolve the
living trust.
... all in one handy Kit.
|
The
kit also includes downloadable
Living Trust software with forms.
What
Do Attorneys Charge to Set Up a
Living Trust?
People
with high-powered attorneys and
financial advisors have always used
Living Trust forms to escape
probate. Attorneys often charge
hundreds, even thousands, of dollars
to set up a revocable Living Trust.
Legal Fees of $950 to $1,800 to set
up a simple trust are not uncommon.
All too often, an attorney has his
secretary type a few standard forms
from a sample (similar to the ones
you'll find in the Kit) and he then
turns around and charges you a
whopping fee for the document. Read
this comment I received from
California: "I have been
a legal secretary and know first
hand how much lawyers charge for the
secretary to do the work."
But you can set up your living trust
for about the cost of a new
shower
head.
|
"
My wife and I attended a seminar on
avoiding probate. This book covers the
topic more thoroughly than the seminar
and explains all the procedures more
thoroughly. One lawyer who put on an
information seminar charges $895.00 to
make out a living trust. "
J.F. Newark, California
.
" Very thorough coverage
yet simple to comprehend. Should
be an asset to anyone in need of
information... provides peace of
mind. "
V.C.W., Kingsburg, California
.
"
I was
surprised how easy it was to
understand. "
M.S. Sacramento, California
.
"
You have tackled a complex
problem that is plaguing more
and more Americans everyday. And
you have not only figured out a
solution, but you have explained
it with such clarity that an
average ordinary person can read
it and understand it."
D.N., Tennessee
.
"
Excellent. I will be
providing copies for key
clients. This is
information that 'everyone'
should have, regardless of their
financial status. "
R.Q., Bedford, NH
.
"
The forms are simple and easy to
use. They only thing they
will not do is pay your taxes.
" R.B.M.,
Granada Hills, CA
|
Satisfaction
Guaranteed - Or Your Money Back
The
Living Trust Kit is backed by a full One-Year
Money-Back Guarantee.
Take up to one full year to examine
the document forms, information,
samples and instructions in the
privacy of your own home. If
for any reason you feel that the Kit
isn't for you, simply return it at any
time within one year for an
immediate refund. No questions
asked.
You
risk nothing, so act now while you're
thinking about it. |
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