DW and I met with an attorney preparing to update our wills done last in 2004.
We are planning to use a revocable living trust (rlt) and understand the benefits of avoiding probate for our 4 rental properties. However, the puzzler for me is she indicated she did not plan to put any financial assets with beneficiary provisos into the RLT. Her philosophy is that the POD/TOD provisos cover and avoid probate. All of which is true but excluding from the RLT does not provide the immediate ability of the trustee to manage financial assets in case of mental impairment. She felt the POAs would cover any needs there. Certainly possible but it would seem to still leave the trustee to fight with each financial entity on if the POA is "good enough". Keep in mind a situation where both DW and I are missing (think MH370 or have been severely injured and lack the capacity to manage our daily affairs for a period time.
Am I mistaken that at least some of the financial resources should also be included in the RLT?
Thanks for any and all assistance.
Nwsteve
We are planning to use a revocable living trust (rlt) and understand the benefits of avoiding probate for our 4 rental properties. However, the puzzler for me is she indicated she did not plan to put any financial assets with beneficiary provisos into the RLT. Her philosophy is that the POD/TOD provisos cover and avoid probate. All of which is true but excluding from the RLT does not provide the immediate ability of the trustee to manage financial assets in case of mental impairment. She felt the POAs would cover any needs there. Certainly possible but it would seem to still leave the trustee to fight with each financial entity on if the POA is "good enough". Keep in mind a situation where both DW and I are missing (think MH370 or have been severely injured and lack the capacity to manage our daily affairs for a period time.
Am I mistaken that at least some of the financial resources should also be included in the RLT?
Thanks for any and all assistance.
Nwsteve