"Living Trusts: How To Make Sure Your Trusts Works The Right Way!" HAZARDOUS NEWS… If you have a Living Trust, when the second spouse dies and your kids or beneficiaries get your assets, those assets are fair game to divorced spouses, creditors and even lawsuits.  That’s right… all of your planning and hard earned assets that you wanted to go to your children or grandkids may just go to the people who try to prey upon them!
There is nothing to keep them protected so that your kids or beneficiaries keep what you left to them!…. Until now! A PAT (Personal Asset Trust) protects all assets you leave to children and grandchildren! This new specialized amendment acts like a gigantic steel bolt keeping guard over all of your assets from all types of prying criminals (which can include divorced spouses!). Now that you have your assets going to the right places, why wouldn’t you make sure that they are protected and used for those you intended? Now, if you are in the 10% or less of most affluent seniors who DON’T have a Living Trust yet, DON’T WORRY…all newly created Living Trusts include HIPAA release documents (see the legal section about this new law) and the new PAT (Personal Asset Trust) amendment! It’s all included. There couldn’t be a more perfect time to get your estate plan right now and avoid all the disasters and complications of NOT PLANNING AHEAD!
*If you already have a Living Trust, it's no sweat to go and get these amendments done...as long as then are done by a professional in the state where your primary residence is (scroll down to the bottom if you want a referral or if you have questions about this topic.) Living Trust Review: A widely used estate planning tool called a Living Trust avoids probate, because a trust is recognized as a separate legal entity, distributions can be made by a Trustee to named beneficiaries without any involvement from the courts. This means the court maintains no control over the Trust’s assets, and does not tie up the assets in a lengthy (and costly) probate process. In fact, Probate is so real and so common that every state and city has a probate court for all the people who don’t plan ahead and the majority of average folks do just that…they wait! But, you don’t have to incur these costs and hassles of going through probate! Some people say, “I already have a Will, why would I need a Living Trust.” Remember, where there is a Will, there is probate. Plus, a Will becomes public information, while a Living Trust remains private, the contents known only to the beneficiaries and Trustee. Beneficiaries will have a MUCH easier time managing assets in a well executed Living Trust than a Will and it will not be subjected to public scrutiny. Not only that, but think of a Living Trust as a way to test the loyalty of your beneficiaries who will receive an inheritance down the road. You can change and add beneficiaries, items of inheritance, etc. WHILE YOU ARE LIVING and…… A Living Trust is NOT the same as a Living Will. A Living Will expresses your wishes about being kept alive if you’re terminally ill or seriously injured. Misunderstandings and misinformation about estate taxes and the length or complexity of probate provides the perfect cover for scam artists or others who are NOT QUALIFIED to be dealing with the protection of your assets. Do you have all of your facts straight? Some businesses advertise living trust “kits,” that consumers do-it-themselves. That is why you MUST HAVE a knowledgeable estate planning attorney to guide your estate to the right hands and down the right path. Here are the major benefits of using a living trust in your estate planning: Can be structured for complicated family situations. Remarried spouses, with children from a previous marriage, can use an advanced revocable trust to ensure their children receive their proper inheritance
Almost anything can be protected in a Living Trust: savings accounts, stocks, bonds, real estate, life insurance, and personal property. (With a carefully constructed Living Trust, you need not worry about losing control of the assets that are placed in your Living Trust). Even insurance proceeds can be paid to the trust so your successor trustee can manage them for the benefit of your family
If you’re institutionalized or unable to care for yourself anymore, the Trust can still function and make distributions as needed. The Trustee has a fiduciary responsibility to see that your requests are fulfilled exactly. He or she can even provide protection for disabled relatives or handicapped children in accordance with your wishes. You’ve worked hard for your money, and made every attempt to be a conscientious saver. So it’s only natural that you want some control over what happens to your assets in the event of your death. Of course, this isn’t something that any of us like to dwell on, but it’s fact and just a little planning can give SO MUCH peace of mind. From “License to Steal,” Business Week, June 5th, 2006:  “Elizabeth, 78, was angry when her son told her she couldn’t afford to move into an upscale assisted living facility. A few years ago she had given her son durable power of attorney- a document granting him fiduciary responsibility to make financial decisions on her behalf as long as she is alive. Elizabeth knew she had the money. She contacted Adult Protective Services and an investigation revealed that her son transferred $225,000 from her account into his! What is known is that 80,000 such cases were reported last year, and more than two-thirds of the victims were defrauded by someone close to them.” “Financial exploitation is growing out of control because we have an aging population…” –“License to Steal,” BusinessWeek
The greatest thing about a Living Trust, is that it’s LIVING which means it’s revocable. You can change assets in the trust as circumstances dictate and to your wishes. The Trust never takes control of your property from you until you pass away. It’s merely tucked away in a convenient legal vehicle that takes over immediately after you pass. There are no costs of probate, no public records, and no lengthy delays for beneficiaries. The problems that occur from not having a living Trust are always more considerable, than the time it takes to sit down with a someone who knows the “ins” and “outs” of estate planning choices, who can make sure your estate and legacy are preserved long after you pass. FACT: What you gain with a living trust properly drafted and executed is worth the time it takes to learn more about it. It sounds almost too good to be true: an arrangement that provides investment supervision, standby protection and tax savings all at once. But it’ true. Most of us retirees, who "Get It" do have a Living Trust. However,I don’t recommend everyone get one, just for the sake of getting one because it’s not always in your best interest! But you won’t ever know unless you find out and you have the opportunity to ask questions, so speak up!! If you want more information on Living Trusts or have questions, we have some highly skilled and knowledgeable folks here at Carolina Senior who are willing to give some of their time to answering your questions. Just fill out the quick contact below or email us at: info@carolinasenior.com Dedicated To Your Retirement, Perry Louis P.S. Even if you think you have your estate planning taken care of, WARNING: Most of us actually have gaping holes in our plans! Don’t fall victim to this when you have the chance to learn more for free. P.P.S I have a number of FREE DVDs about Living Trusts and the new updates in Living Trusts like the PAT (Personal Asset Trust). And best of all, they are presented by a quite renown elder law attorney from Greenville, South Carolina. If you want one, fill out the form below Today! First come, First Serve! Free DVD or CD on Living Trusts 
**You must be a South Carolina resident to receive this Free DVD. If you live outside South Carolina, You can invest in this information here.     | 
