Advantages of a Living Trust

Secure Your Legacy and Protect Your Assets By Setting Up a Living Trust

Consider setting up a living trust as part of your estate plan when planning for the future. By understanding the advantages of a living trust, you can make informed decisions about your estate planning goals and secure your assets for the future. Our South Portland living trust attorney at Jackson Estate Planning can help you create a living trust aligned with your objectives.

A living trust effectively manages assets and ensures seamless transfer to beneficiaries among the various estate planning tools. It allows you to control your assets while you are still alive but has it distributed to people or organizations you select when you die. In a living trust, the grantor designates one or more successor trustees to take over the management of the faith and carry out the grantor’s instructions in the event of their incapacity or death.

Setting up a living trust to transfer your property to your loved ones after your death can save them time, hassle, and money. This article will discuss the advantages of a living trust and discover why it can be a valuable tool for securing your future.

  • Avoid Probate
  • Privacy
  • Maintain Flexibility and Control
  • Incapacity Planning
  • Efficient Asset Management
  • Minimization of Estate Taxes
  • Avoid Conservatorship and Guardianship

Avoid Probate

One of the primary advantages of a living trust is that it allows you to bypass the probate process. Probate is a legal procedure in which the court validates a will and oversees the distribution of assets to beneficiaries.

By placing your assets in a living trust, you can ensure that they pass directly to your designated beneficiaries without probating. That means more of the property you leave behind goes to those you want to inherit. It also means that your loved ones receive the property faster since probate can take a long time. This can save time and money and keep your estate affairs private.


Privacy is a fundamental concern for many individuals regarding estate planning. Fortunately, a living trust offers a powerful solution to protect the privacy of your estate affairs.

Unlike a will, which becomes a matter of public record during the probate process, a living trust offers greater privacy. Since the trust does not go through probate, the details of your assets, beneficiaries, and distributions remain confidential. This can be particularly important if you prefer to keep your financial affairs private or have complex family dynamics.

The terms and provisions of a living trust are not disclosed publicly. The trust document, which outlines how your assets will be managed and distributed, remains private. This means that the specific instructions, conditions, and provisions within the trust remain confidential, accessible only to those directly involved in the administration of the trust.

Maintain Flexibility and Control

A living trust provides you with flexibility and control over your assets. You can modify or revoke the trust during your lifetime if you have the mental capacity. This means you can change the trust’s terms, add or remove assets, or even dissolve the trust altogether if your circumstances change or you wish to update your estate plan.

This adaptability allows you to ensure that your estate plan reflects your current wishes and priorities. A South Portland living trust attorney can guide you through establishing the trust, customizing its provisions, and ensuring compliance with applicable laws and regulations.

Incapacity Planning

A living trust offers an effective solution to address incapacity by appointing a successor trustee. By naming a trusted individual your successor trustee, you can ensure your assets are managed, and your best interests are protected if you cannot handle your financial, medical, and legal affairs. This can be especially useful if you develop a condition like dementia or have concerns about your ability to handle economic or personal matters.

Efficient Asset Management

Efficient asset management is crucial to estate planning, ensuring your assets are effectively organized, preserved, and administered. A living trust offers a powerful solution to streamline asset management.

With a living trust, you can consolidate your assets and centralize their management. Transferring assets into the trust allows you to streamline their administration and simplify your financial affairs. This can be particularly beneficial if you have multiple properties, investments, or other significant assets that would otherwise require separate management.

Minimization of Estate Taxes

Estate taxes can significantly impact the value of your assets passed on to your beneficiaries. Fortunately, a living trust can be a valuable tool to help minimize estate taxes and preserve more of your wealth for future generations. In many jurisdictions, there are specific thresholds or exemptions up to which an estate is exempt from taxation.

While Maine doesn’t have a state estate tax, a living trust can still provide federal estate tax planning advantages. You can reduce your beneficiaries’ potential estate tax liability by utilizing specific trust provisions and strategies. Consulting with a South Portland living trust lawyer can help you take full advantage of available tax benefits.

Avoid Conservatorship and Guardianship

A living trust offers a powerful solution to help individuals avoid the need for conservatorship and guardianship, providing enhanced control over their financial affairs in the event of incapacity. By proactively choosing your successor trustee, you ensure that someone you trust and who understands your wishes will be in control, eliminating the need for court-appointed guardianship or conservatorship.

How a South Portland Lawyer Can Assist You in Determining the Advantages of a Living Trust

A living trust offers numerous advantages that can significantly enhance your estate planning and provide peace of mind for you and your loved ones. From avoiding probate and maintaining privacy to providing flexibility and control, a living trust empowers you to manage your assets effectively, plan for incapacity, and ensure the seamless transfer of wealth to your beneficiaries.

To fully understand the advantages of a living trust and how it can benefit your specific circumstances, it is crucial to consult with our South Portland living trust attorneys at Jackson Estate Planning. We can provide personalized legal advice and assess your unique situation, where we will evaluate your estate planning needs, answer your questions, and discuss your options.

We can also help you deal with probateelder lawbusiness succession, and special needs planning concerns.

Contact our estate planning law firm today to schedule a free estate planning and asset protection strategy session. Let us help you proactively protect your assets, preserve your privacy, and provide for the future.


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