Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Retirement
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 04-24-2019, 10:43 AM
 
Location: Formerly Pleasanton Ca, now in Marietta Ga
10,351 posts, read 8,576,900 times
Reputation: 16698

Advertisements

I only have my sister and maybe one or two friends to leave things to, no kids or anything.
I have a lot of real estate and some cash.
Right now my cash is in accounts that have pod to my sister.
Which is better, a living trust or a will?
Are those online do it yourself forms any good? I live in Georgia if that matters.
Reply With Quote Quick reply to this message

 
Old 04-24-2019, 10:50 AM
 
106,707 posts, read 108,913,061 times
Reputation: 80199
Quote:
Originally Posted by aslowdodge View Post
I only have my sister and maybe one or two friends to leave things to, no kids or anything.
I have a lot of real estate and some cash.
Right now my cash is in accounts that have pod to my sister.
Which is better, a living trust or a will?
Are those online do it yourself forms any good? I live in Georgia if that matters.
It depends on what probate is like in your state on real estate .there is good and bad to trusts ...
Reply With Quote Quick reply to this message
 
Old 04-24-2019, 11:53 AM
 
4,347 posts, read 4,724,159 times
Reputation: 7437
Quote:
Originally Posted by mathjak107 View Post
It depends on what probate is like in your state on real estate .there is good and bad to trusts ...

This. And this is why it's smart to shake a little money out of your pocket for a trusts & estates lawyer to advise you.
Reply With Quote Quick reply to this message
 
Old 04-24-2019, 12:08 PM
 
Location: Maryland
2,269 posts, read 1,640,902 times
Reputation: 5200
You want a will in any case. The trust is optional depending on what you want to do.
Reply With Quote Quick reply to this message
 
Old 04-24-2019, 12:18 PM
 
106,707 posts, read 108,913,061 times
Reputation: 80199
Trusts not only create complexity but they work against you if long term care Medicaid is needed ... a primary home is protected if Medicaid is needed ... if it is in a revocable trust you unprotected it now causing the dollars to be counted toward Medicaid.. you may have to sell it, spend the dollars for care just to qualify.. see an attorney , do yourself a favor
Reply With Quote Quick reply to this message
 
Old 04-24-2019, 12:21 PM
 
Location: Florida
6,627 posts, read 7,350,203 times
Reputation: 8186
You should always have a will. You might not have any assets but your death was caused by a third party and your estate could sue.
The living trust for real estate will avoid probate so you may save a few dollars. However, not knowing the details I would go with a will and no trust. If you go with a trust you still need a will, power of attorney (ends when you die) and Health directive.
If you rent your real estate it probably should be in separate LLC for liability protection.
If you do the will yourself be sure it is valid and SELF PROVING in your state. Best to use an attorney for estate planning.
Reply With Quote Quick reply to this message
 
Old 04-25-2019, 03:16 PM
 
Location: Southwest Washington State
30,585 posts, read 25,179,420 times
Reputation: 50802
See an eldercare attorney in your state. You need concrete, specific advice that applies to you and your state. And, should you move to another state, you will need to see another attorney there.

Get a good attorney. Get references. Don't try to do this yourself, or to cheap out.

We live in a complex society that requires specific legalities to pass assets on, in the manner you desire.
Reply With Quote Quick reply to this message
 
Old 04-25-2019, 04:24 PM
 
Location: We_tside PNW (Columbia Gorge) / CO / SA TX / Thailand
34,735 posts, read 58,090,525 times
Reputation: 46215
State dependent and your various properties could complicate the process.

See elder / probate attorney
consider the trouble / likely outcome, especially properties.

We use both (Will and trust + LLC's and DAF) Everything we have goes to charity. Kids can manage distributions to charity (if they want). Otherwise, we have specified how to distribute.
Reply With Quote Quick reply to this message
 
Old 04-25-2019, 08:53 PM
 
Location: Rust'n in Tustin
3,272 posts, read 3,936,892 times
Reputation: 7069
An LLC for rental property costs more in filling fees then an umbrella policy does.

Ask your lawyer and accountant which one is best for you.
Reply With Quote Quick reply to this message
 
Old 04-25-2019, 09:34 PM
 
Location: We_tside PNW (Columbia Gorge) / CO / SA TX / Thailand
34,735 posts, read 58,090,525 times
Reputation: 46215
Quote:
Originally Posted by ysr_racer View Post
An LLC for rental property costs more in filling fees then an umbrella policy does.

....
State dependent ...

in TX I spent $75 to create each LLC, and ZERO annual fees
in WA $235 to create each individual LLC and $70/ yr filing fee.

Umbrellas (of which I have for business and personal exposure) run ~$300 - $600 / yr.
Umbrellas are MUCH higher for my trucking and excavation exposures. (side gigs)

For distribution of real props from a settled estate... be careful... states have a desire to collect fees and taxes.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Retirement

All times are GMT -6. The time now is 04:02 AM.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top