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Living Trusts for a New Generation
         A Smart Parent’s Guide to Wills & Trusts



               This presentation is intended for educational
                 purposes only. The information contained
                 herein does not constitute legal advice nor
               does it create an attorney-client relationship
                 between the viewer or seminar participant
                                and Attorney Jo Anne Hinds.



                                         Jo Anne Hinds
                                        Attorney at Law

                    Delta Township District Library
                                February 2, 2009
Parents today are making smarter choices.




              Tonight we’ll learn how to…

                        • simplify your estate

                 • reduce administrative costs

                           • reach your goals
…and what can happen if you don’t.
                    Would you want
                   a JUDGE to decide?
                  • who will raise your children, if
                     they are under the age of 18

                 • who will administer your estate

                    • who will receive your estate

                • who will make medical decisions
                    for you if you can’t make them
                                          yourself?
Wills vs. Trusts – What’s the Difference?

Last Will & Testament              Living Trust Agreement

• Assets passing through will      • Assets passing through trust
  subject to probate                 not subject to probate
• Court costs                      • No court costs
• Public court file                • Private agreement
• Less control of assets           • More control of assets
• Only provides for                • Provides for your care for
  distribution of your assets at     your lifetime and distribution
  death                              of your assets at death
A living trust is
  like a basket.
With a Living Trust…
• You can simplify the
  administration of your estate
• You can reduce
  administrative costs.
• You can have an estate plan
  that accomplishes your
  objectives.




                                  Let’s find out how…
You can simplify your estate.




• Be organized!
• Get it done right.
• Choose the right people for the right roles.
You can reduce administrative costs.

                             • Choose your
                       legal counsel wisely.

                      • Avoid unnecessary
                         court proceedings
                       during your lifetime.

                  • Avoid probate at death.
You can have an estate plan that
     accomplishes your goals.
• Identify your expectations
   and priorities.
• Clearly communicate your
  goals to your attorney and
  carefully review your
  documents before signing.
• Review your estate plan every
  3-5 years to make sure your
  plan remains on target.
What if the future
          brings unforeseen changes?

• Keep trust agreements
  funded correctly

• Amend or restate trust
  terms that are no longer
  appropriate/accurate

• Update fiduciary roles
  whenever necessary
What Can You Do Yourself to Prepare?


             • Make a list of your beneficiaries
             • Note if there are strings attached
               to the gifts
             • Make a list of people you trust to
               carry out your wishes (with at
               least one alternate)
             • Make a list of special items you’d
               like to give
             • Make a list of your assets – real
               estate, financial accounts, stocks,
               investments, businesses
What We’ve Learned Tonight
 Let’s Review…

• We can be smart about our estate plans.

   – We can minimize costs.
   – We can accomplish our goals.
   – We choose the right people for the right roles.


• We can make a difficult situation
  easier for our families.
Jo Anne Hinds
Advising Families Just Like Yours Since 1994


•   Wills, trusts, powers of attorney
•   Estate planning for clients of all ages
•   Estate administration and mediation services
•   House calls exclusively, at no additional charge
•   Weekday evening and Saturday consultations
•   Free 30 minute initial telephone consultations



    Please complete the survey and be sure to include your email address
            for a copy of my helpful and informative e-newsletter.
                                 Thank you!

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Living Trusts for a New Generation

  • 1. Living Trusts for a New Generation A Smart Parent’s Guide to Wills & Trusts This presentation is intended for educational purposes only. The information contained herein does not constitute legal advice nor does it create an attorney-client relationship between the viewer or seminar participant and Attorney Jo Anne Hinds. Jo Anne Hinds Attorney at Law Delta Township District Library February 2, 2009
  • 2. Parents today are making smarter choices. Tonight we’ll learn how to… • simplify your estate • reduce administrative costs • reach your goals
  • 3. …and what can happen if you don’t. Would you want a JUDGE to decide? • who will raise your children, if they are under the age of 18 • who will administer your estate • who will receive your estate • who will make medical decisions for you if you can’t make them yourself?
  • 4. Wills vs. Trusts – What’s the Difference? Last Will & Testament Living Trust Agreement • Assets passing through will • Assets passing through trust subject to probate not subject to probate • Court costs • No court costs • Public court file • Private agreement • Less control of assets • More control of assets • Only provides for • Provides for your care for distribution of your assets at your lifetime and distribution death of your assets at death
  • 5. A living trust is like a basket.
  • 6. With a Living Trust… • You can simplify the administration of your estate • You can reduce administrative costs. • You can have an estate plan that accomplishes your objectives. Let’s find out how…
  • 7. You can simplify your estate. • Be organized! • Get it done right. • Choose the right people for the right roles.
  • 8. You can reduce administrative costs. • Choose your legal counsel wisely. • Avoid unnecessary court proceedings during your lifetime. • Avoid probate at death.
  • 9. You can have an estate plan that accomplishes your goals. • Identify your expectations and priorities. • Clearly communicate your goals to your attorney and carefully review your documents before signing. • Review your estate plan every 3-5 years to make sure your plan remains on target.
  • 10. What if the future brings unforeseen changes? • Keep trust agreements funded correctly • Amend or restate trust terms that are no longer appropriate/accurate • Update fiduciary roles whenever necessary
  • 11. What Can You Do Yourself to Prepare? • Make a list of your beneficiaries • Note if there are strings attached to the gifts • Make a list of people you trust to carry out your wishes (with at least one alternate) • Make a list of special items you’d like to give • Make a list of your assets – real estate, financial accounts, stocks, investments, businesses
  • 12. What We’ve Learned Tonight Let’s Review… • We can be smart about our estate plans. – We can minimize costs. – We can accomplish our goals. – We choose the right people for the right roles. • We can make a difficult situation easier for our families.
  • 13. Jo Anne Hinds Advising Families Just Like Yours Since 1994 • Wills, trusts, powers of attorney • Estate planning for clients of all ages • Estate administration and mediation services • House calls exclusively, at no additional charge • Weekday evening and Saturday consultations • Free 30 minute initial telephone consultations Please complete the survey and be sure to include your email address for a copy of my helpful and informative e-newsletter. Thank you!

Editor's Notes

  1. Parents today want to ensure that resources in their estate would be used for their children to continue extracurricular pursuits, to go to camp, travel with extended family and attend college – even if Mom and Dad weren’t here to look after them.Rules can be set that allow funds earmarked for education to be used very broadly for educational pursuits of any kind - or very narrowly, such as only for tuition and books at an accredited university it’s your choice.It’s important to carefully balance your desire for control against the possibility that your trustee may encounter future circumstances you may not have considered. Giving your trustee some discretionary authority ensures that he (or she) will have the authority to do whatever is necessary to ensure your wishes are carried out in the best interests of your children.