Pros and Cons of Estate Planning Packages

 

Essential Will Package

Revocable Living Trust Package

Pros: 

  • Allows you to choose who handles the estate
  • Allows you to control who receives distributions and in what amounts
  • Lower cost up-front

Pros:

  • Allows you to choose who handles the estate
  • Allows you to control who receives distributions
  • Avoids probate
    • Little to no assistance is needed by the probate/trust attorney
    • No reporting of assets to the Register of Wills (privacy)
    • Lower cost long-term
  • Avoids Guardianship proceedings for minor children to receive the inheritance

Cons:

  • Assets with no beneficiaries still have to go through probate
    • Loved ones will need to hire a probate attorney
    • Takes at least a year, longer if a competent probate attorney is not hired right away
    • Detailed accounting reports to the Register of Wills, which become a public record 
    • Higher cost long-term
    • Guardianship proceedings for minor beneficiaries
    • Guardianship inventories & annual accountings until age 18
    • Child gets everything at 18 when they might not be responsible to handle the inheritance

Cons:

  • Higher cost up-front
  • Sounds confusing/difficult to understand
  • Comes with homework (retitling assets after setting up the Trust)

 

Comparing Estate Planning Packages – Documents

No Estate Planning Package  Essential Will Package Revocable Trust Package
Advance Medical Directive X
Financial Power of Attorney X
Last Will and Testament  X
Revocable Living Trust X X
Trust Funding instruction letter X X
Deed(s)  placing Personal Residence and other properties into Trust X X

 

Comparing Estate Planning Packages – Benefits You Receive

No Estate Planning Package  Essential Will Package Revocable Trust Package
Choose who manages the estate X
Make specific distributions to loved ones X
Authorizes funeral and burial/cremation expenses to come from the estate
LIMITED BY STATUTE
Advance Medical Directive to help avoid guardianship of a person X
Financial Power of Attorney to help avoid guardianship of property X
Assets can be transferred without probate X X
Deed to retitle house to avoid probate X X
Detailed instruction letter/additional materials to help retitle X X

Getting Started

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