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What Is a Trust?

A trust is an estate planning tool that allows you to determine which beneficiaries will get your property and assets when you pass away. A valid trust can allow you to avoid probate, which can be costly and slow, so your beneficiaries can receive your real estate, accounts, and personal property more quickly. A trust can also allow you to use and access your property while you are living while still providing for your loved ones after you die. An estate planning attorney can give you more information about trusts and estate planning.

What Are Different Types of Trusts?

There are different kinds of trusts that can be used to accomplish your estate planning goals. Common types of trusts include:

• Living trusts
• Irrevocable trusts
• Charitable trusts
• Special needs trusts

The most common type of trust is a living trust, also known as a revocable trust. A revocable trust provides more flexibility for the person who created the trust to use the property and modify the trust at any time. An irrevocable trust is much more restrictive and cannot be canceled. However, an irrevocable trust can reduce estate taxes and may allow the property to be protected from creditors. Talk to Hawaii estate planning lawyers for legal advice about what type of trust is best to give you peace of mind.

How Do I Establish a Trust?

The person who creates the trust is known as the settlor. The settlor names a beneficiary or beneficiaries who will receive the assets under the terms of the trust, usually upon the death of the settlor. The settlor also designates a trustee to manage the assets of the trust for the benefit of the beneficiaries. There may be other requirements for a trust in your state, so contact a Hawaii trust lawyer or elder law firm about your legal matters.

How Can I Change a Trust?

A revocable will can be changed anytime during the lifetime of the settlor. You may want to review your trust every few years or anytime there is a significant life change. When there is a major life change, like a marriage, divorce, or death of a loved one, you may want to update your trust to make sure your wishes are still reflected in your estate plans.

How Much Does It Cost to Make a Trust in a Pahoa?

The cost of a trust will depend on several factors, including the number of assets and properties, trust administration, and the terms of the trust. An average trust can cost about $2,000 to $5,000 or more. However, a trust can save you money by avoiding the costs, delays, and court process of going through probate. A trust can also include special provisions for your loved ones so they can have long-term protection and financial support. To get an estimate for how much it will cost to prepare a trust for your situation, contact a Pahoa trust attorney for a quote.

Best Time to Seek Legal Help

No matter what your legal issue may be, it is always best to seek legal help early in the process. An attorney can help secure what is likely to be the best possible outcome for your situation and avoid both unnecessary complications or errors.

The Importance of a Good Consultation

The goal of an initial consultation is to find an attorney you are comfortable working with and someone who can help you understand your options under the law. Seek to understand the relevant legal experience the attorney brings to your case. While it is not realistic to expect an attorney to resolve your legal issue during an initial consultation, you should gain a level of comfort with his/her ability to do so. A good consultation can clarify issues, raise pertinent questions and considerations for your case, and help you make an informed decision towards resolving your legal issue.

Points to Consider Before Hiring a Lawyer

Experience. Regardless of the type of legal matter you need help with, an experienced attorney will usually be able to get you better results.

Competence. Determine an attorney’s expertise by asking about their track record for the issue you need help with resolving.

Fit. There are plenty of good attorneys out there; make sure you find one you are comfortable working with.

Common legal terms explained

Affidavit – A sworn written statement made under oath. An affidavit is meant to be a supporting document to the court assisting in the verification of certain facts. An affidavit may or may not require notarization.