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Personal Finance (Not Investing) • Living Will or Trust: When Primary Concerns are Child Predeceasing You & Ease of Work for Executor or Successor Trustee

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2.Are banks and financial institutions required to follow what is in a will if probated even if what is in the will is different than what is listed on the POD/TOD accounts?
No.
4.With a durable POA, is a will or a trust easier for an executor or successor trustee to take over handling our affairs if we become incapacitated or are they about the same?
The will is irrelevant until you are dead.

If you have a trust and want it in force, you have to get the legal paperwork (titling of accounts, etc.) rolling as soon as possible, hopefully long before incapacitation. That is a minor advantage. (If instead you want to use PoA, it is best to do the analogous tasks as soon as possible too, but sometimes people are not motivated to do them early.)
5.Does either a will or a trust have an advantage over the other in providing the possibility to protect assets in the event one of us needs assisted living or long-term care?
The will is irrelevant until you are dead. A revocable living trust doesn't help protect assets. If you want asset protection, you need some other kind of trust.

(I am not a lawyer.)

Statistics: Posted by increment — Fri Feb 16, 2024 1:52 pm — Replies 3 — Views 227



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