Con Man's Version of the Living Trust? Little Known Secrets

Eat well, stay fit, die anyway. This is the reality you must face when contemplating a living trust.

Important, if you are contemplating this form of legal instrument: the good, the bad, the needed, and the unneeded of the Intro Vivos Trust, must be considered.
Be careful of the differences.

Have you been approached by a telemarketing trust-hustler, an at-your-doorstep quick-buck con man, or been intrigued by an internet ad on this subject? If so, hold up. Slow down. Wait. There are many factors to consider before committing all of your assets to one of these supposed ease-of-estate-conveyance instruments, particularly when offered by one of the above described purveyors.

Disadvantages:

> Unless your assets exceed $1,000,000 there are no tax advantages. Tax advantages don't kick in significantly until your assets rise above $1,500,000.

> If you are about to apply for Medicaid, you can incur severe penalties if your application is within 5 years of the Trust's establishment.

> Your home, if placed in the Trust, is no longer exempt from the estate tax (in most states), presumably one of the protections you sought when setting up a trust in the first place.

> You give away a lot of personal information when you set one up. So, extra, intensive scrutiny must be focused on the character, reputation, and standing of the people with whom you are dealing.
Don't forget, any dropped item will first strike your toes.

> The expense, often exorbitant.

These are facts the con man will not voluntarily tell you. A goldfish has a memory capacity of 3 seconds. This is the hope the con man is pursuing as he tries to rush his plan past you, especially if you've reached the age where you consider Happy Hour to be time for a nap. There are, however, some plusses.

Advantages:

> Orderliness. The first thing to know about a survival situation is to not get into a survival situation. A trust helps you avoid such a fate.

> Speed in distribution of assets after your demise. You bypass the long, cumbersome probate process (in most states). If you have illusions of competence, then now, before your demise, is the time to fan that flame.

> Clean-cut distribution of proceeds between multiple beneficiaries of your estate. This is a big advantage over probate, where the executor must repeatedly get court approval for so many of the estate-settlement expenses.

> Less squabbling. Reduced tension. Less outright feuding between your siblings or other beneficiaries. When you're all stressed out over this and have no one left to choke, a feeling of peace and tranquility will overtake you with the acquisition of a living trust.

> A great tool for protecting yourself against identity theft. It disrupts the view of any con man lurking in the bushes, planning an identity theft attack on you. Enables you to out-con the identity theft con man by confusing his vision of your estate.

If--oh, that little 2-letter word that means so much--you decide to go the trust route, set one up, it behooves you to find the proper party to take on this task for you. This would mean no telemarketers, high-pressure salesmen, no internet "Trust Specialists." Don't try to ski uphill. Best to stay in your own neighborhood. Level ground. There are probably many reputable financial planners nearby, as well as highly specialized trust attorneys. Find them. Use one.

We're aware that just going through life with your financial assets always, seemingly, in jeopardy, feels like being hit repeatedly in the head with a hammer--and it would feel so good if it stopped. Your attempt to make this euphoric state come to pass, however, must be a cautious undertaking, indeed.

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