Want to know which states will probate your estate when valued as little as $10,000? Which tax on your estate is 40%? Can you avoid your children being taxed when inheriting your home? Is it true that the amount my children inherit from me can become public information? What is the one and only way I can avoid my IRA or 401K being taxed? FPM seminars provide a wealth of useable, practical and verifiable information, helping our members avoid unnecessary and sometimes devastating consequences with just some simple pre-planning. We will show you how to get it done. And because we do not sell anything, you can leave your checkbook at home. If you’ve been invited to an FPM seminar at your church, we look forward to seeing you there.
Contrary to what you've probably heard, a will may not be the best plan for you and your family. That's primarily because a will does not avoid probate when you die. A will must be validated by the probate court before it can be enforced. Also, because a will can only go into effect after you die, it provides no protection if you become physically or mentally incapacitated. So the court could easily take control of your assets before you die -- a concern of millions of older Americans and their families. Fortunately, there is a simple and proven alternative to a will -- the revocable living trust. It avoids probate, and lets you keep control of your assets while you are living -- even if you become incapacitated -- and after you die.
A Living Trust can keep your estate from going through the high costs and delays of probate, and unlike a will that becomes public after your passing, a Living Trust offers total confidentiality and complete control over your assets. Upon your passing, whomever you named at the time you established your Trust would immediately take control over your assets and distribute them according to your directions. There are no required waiting periods. You can name a legal "Guardian" in your Trust to care for your minor children at the time of your passing. You can also name a "Conservator" for yourself, should you at any time become disabled. Assets are easily placed in the Trust by changing the title on your stocks, real estate, bank accounts, etc. The property will now be titled in the name of your Living Trust, with yourself named as the Trustee. It is still your property and you may continue to enjoy it or sell it as you choose, as you are the owner of your assets, and Trustee of your Living Trust. And, a Revocable Living Trust may be revoked or amended by you at any time in your lifetime.
Name someone you trust who is capable of handling basic financial matters and dealing with various institutions and agencies, someone who follows through.
Yes. Unlike a financed vehicle where the bank holds the certificate of title until the loan is satisfied, the real property (land) owner holds the title in the form of a deed, even when there is a mortgage.
Typically, the property deed is mailed to the purchaser/new owner after closing on the sale. The most common types of ownership deeds are Warranty and Grant deeds.
If you are unable to locate a copy in your files, you may obtain one from the County Clerk/Recorder’s office in the county the property is located. A Certified Copy is NOT necessary.
List all your children, even those who will not inherit from your estate.
Once your living trust is signed and notarized, the trust is put into existence and can hold assets in its name. You may begin transferring your assets in the name of your trust so they avoid probate at your death.
For example:
John and Mary Smith signed and notarized their revocable living trust on January 15, 2019. John and Mary Smith will retitle their assets to “John Smith and Mary Smith, Trustees of the Smith Family Living Trust dated January 15, 2019.”
Specific information is provided in the Instruction Booklet in your packet.
Generally, all assets should be transferred to the trust. Most want their real estate, checking, savings and investment accounts, stocks, bonds, and business interests re-titled.
These types of assets must remain in the owner’s name. Most people list their spouse as the primary beneficiary and their trust as the alternate or contingent beneficiary.
No. You do not need to notify your mortgage lender or creditors about the living trust. Their right to collect is not affected by the trust.
No. A revocable living trust does not protect your assets from your creditors.
Obtaining a separate tax identification number for your revocable living trust will require you to file separate annual tax returns. Instead, most people use their social security number as the living trust’s identification number.
Your revocable trust uses one spouse’s social security number. Only irrevocable trusts need to obtain a separate tax identification number from the IRS.
Married couples should decide whose social security number will be used for joint assets being retitled to the living trust. For separately/individually owned assets, use the individual owner’s social security number.
Yes. While you and your spouse (if married) are living and competent, a revocable living trust can be amended. An amendment is a formal document that must be signed, notarized and kept with the original trust.
With the exception of certain changes to the Schedules in the back of your living trust, handwritten changes to the rest of the pages may invalidate your document. Please email Updates@fpm.org or call our office for guidance.
The original signed documents should be kept in a safe place. Let your Successor Trustee know where to find them should something happen to you.
As often as you need when your people, plans or wishes change, but generally, every 5-10 years.
All addresses and contact information may be updated by hand on Schedule B at the end of your Living Trust.
It is not necessary to update your estate planning documents when someone listed changes their legal name. All legal name changes have supporting documents that can be used to prove the individual’s identity (i.e. marriage or divorce certificate).
To make an asset part of and protected by your Living Trust, the ownership document must reflect that your Living Trust is the owner of that asset.
Example: Mr. Robert Sample has a Living Trust titled "The RS Living Trust", dated 01/01/2000. If Mr. Sample wants his savings account at Bank of America to be protected by the Living Trust, his savings account must be owned by and titled as Robert Sample, Trustee, The RS Living Trust, dated 01/01/2000, not to Robert Sample.
For assets such as retirement accounts and life insurance policies, most list their spouse as the primary beneficiary and their Living Trust as the contingent.
Any asset you dispose of automatically disappears from your estate. However, it may be beneficial to your successors and beneficiaries if you cross that item off Schedule A (asset listing) of your Living Trust.
The Living Trust does not expire. An amendment is only necessary if your estate planning instructions have changed.
Guardianship automatically becomes irrelevant when your children become adults. It is not necessary to remove the language from your documents.
When your beneficiaries age beyond the set limits, the Special Distribution/Children’s Trust becomes irrelevant. It is not necessary to remove or update this section in your estate planning documents.
Please contact our office at 800-871-4901 (Monday - Friday, 8 AM - 5 PM PST)
We do not charge a fee to prepare updates to your documents. Our ministry is supported by a cooperative of churches and ministries nationwide and our purpose is to promote stewardship through estate planning. We only ask that you keep or add a gift to at least one of these ministries in your estate plan.