Living Trust FAQ

An introduction to living trusts -- a popular way to avoid probate.

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Questions:

Answer:

Why should I make a living trust?

The big advantage to making a living trust is that property left through the trust doesn't have to go through probate court. In a nutshell, probate is the court-supervised process of paying your debts and distributing your property to the people who inherit it.

The average probate drags on for months before the inheritors get anything. And by that time, there's less for them to get: In many cases, about 5% of the property has been eaten up by lawyer and court fees.

Still, not everyone has to worry about probate, and some people don't need a living trust at all. To find out whether a living trust is right for you, see Nolo's article Why You May Not Need a Living Trust.

Ready to Create a Living Trust?

You can make a trust yourself--online or on your computer--or get help from a lawyer
Nolo's Online Living Trust We'll take you through a step-by-step interview, asking all necessary questions and explaining legal issues along the way. Start creating your living trust now.
Nolo's Living Trust Maker This stand-alone software also uses a simple step-by-step interview, but doesn't require Internet access. Buy the software.
Make Your Own Living Trust, by Denis Clifford This bestselling book provides all the forms and instructions you need to make your living trust. Buy the book
Talk to a Lawyer If you have questions about your situation or a thorny estate planning issue, get advice from an estate planning lawyer.
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