Living Trust Vs Will Michigan

Since the trust avoids probate the contents of the transfer stays private.

Living trust vs will michigan.

A living trust can help you avoid probate in michigan but a will cannot. Still if you re planning an estate you should know about the michigan estate tax and the michigan inheritance tax estate tax is levied on the estate of the deceased before assets are passed on to heirs. Michigan has a simplified probate process for small estates under 15 000. Most living trust transfers take place in the privacy of your attorney s office shortly after a death.

The contents of your trust remain private because a living trust in michigan avoids probate court. A trust allows the settlor to dictator how and when the the assets will be invested distributed to the beneficiaries etc. A living trust designates a trustee to manage assets for the beneficiary while the grantor is still alive. Living trusts are a popular choice because unlike with a will the assets in the trust do not have to go through probate.

A living trust likely won t impact your taxes. It is called a living trust because it is created and takes effect during the maker s lifetime in contrast to a will which does not take effect until after the death. A trust remains private and does not need court approval and is not made public. Trusts are also much more difficult to contest than wills providing added security that your wishes will be carried out.

Michigan uses the uniform probate code which simplifies the probate process so making a living trust may be more trouble than it saves. A last will and testament and its contents on the other hand are made public only when they enter probate court usually within a few weeks after there has been a passing. Living trusts and taxes in michigan. Trustees with fiduciary duty manage trusts according to the beneficiary s best interests.

You can move assets in or out of it or even cancel the trust completely. A will is probated and made part of the public record. A revocable living trust is created for the purpose of holding ownership to an individual s assets during the person s lifetime and for distributing those assets after death. Here are some key differences.

When analyzing a will vs trust this is an important question. If you have nosy relatives who want to know how things were distributed a living trust protects that information unless the trustee decides to share it. A living trust is not a public document like a will. A michigan living trust provides privacy in a way a will cannot.

How does a living trust stack up against a will.