Legal Question in Wills and Trusts in Missouri

living trust

I want to have a living trust set up with my fiance and want to know the important questions to ask when doing so?


Asked on 9/10/08, 11:24 am

1 Answer from Attorneys

Joseph Burcke Joseph R. Burcke, Attorney at Law

Re: living trust

First, I will be happy to help you and your fiance with your estate planning, as that is my primary practice area.

You should be prepared to designate alternate trustees, personal representatives and attorneys -in -fact for your financial and health care powers of attorney.

You each should develop a balance sheet of your respective assets and liabilities. Be sure to include Lifge Insurance cash and death benefit values and qualified retirement benefit values as well. Your estate planning attorney needs to know your respective asset values so that he can determine whether there is a need to consider the possibility of estate taxation in your future.

You do not indicate whether either of you have children. Of course this is a substantial consideration in estate planning as to how to best protect children in the future.

You also don't mention whether you and your fiance have discussed whether past accumulated assets are to be contributed to the marriage or maintained in separate name. That is something that will need to be discussed, as well.

You need to consider how you each want your assets distributed upon death of either or both of you. A good attorney will help you develop contingency planning options.

The documents you should expect in a basic trust plan include trusts for each of you, as well as Wills, Living Wills, Financial and Healthcare Powers of Attorney and Affidavits of Trust. You should also expect sopme help from yopur chosen counsel with regard to funding your trusts.

I recognize that I haven't provided questions to ask, per se. However, I have tried to outline the matters that you need to discuss. I hope this helps you.

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Answered on 9/10/08, 1:11 pm


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