Legal Question in Wills and Trusts in Florida
I am a senior. I own an condo worth $10,000. All other assets are in an annuity. Do I need a revocable trust?
3 Answers from Attorneys
Your legal needs depend on your overall situation. A revocable trust may help you assure that the condo and other estate property is distributed to specific beneficiaries. If you are the sole owner of the condo, a trust would enable you to avoid probate but doesn't provide much else.
I hope you have a will to distribute your assets. As to your condo, you can quitclaim it to yourself with a life estate remainder to _________________ (that would be who you want to leave it to) and that would avoid probate.
Just to add to the above, you should re consider what would happen if you became incapacitated and who and how anyone would then assist you in the management and distribution of your funds. Too often the most popular cultural reason to use a trust is to "avoid probate", only, when there are many reasons for you to keep control of many aspects of your estate, funds, and properties and put them in competent hands, as well as both bankruptcy protection and loss due to nursing home care shuld the annuity disqualify you from Medicaid assistance. You should seek competent Legal advice and not solely rely on local investors, bank or financial clerks, who while they try their best to assist you in your immediate financial needs, do not have the training nor expertise to help you consider your overall lifestyle, or estate planning situation as Mr Martin is referring to above. You may wish to go to my website at www.dansasso.com and pull up the trust area of practice to help you make a decision on this.