Revocable Trusts and Wills

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dennishoddy

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I also suggest getting it done professionally rather than doing it yourself. Wife's folks did a pair of trusts. One was specific to her mother (who was in a nursing home) and the other to the "family." In our case, we first consulted with a good accountant who then set us up with a good attorney up in the Panhandle.

Going through an attorney is important as they can write the trust in a way that others can't "break the trust." Wife was the trustee of the trusts and executor of the wills. When we paid a visit to our accountant, he told us about some of the grandkids coming to him (with father-in-law in tow) and tried to get advice as to how to break the trust. The accountant kept telling them that each of their ideas of breaking the trust would be ineffective. He also told us that the father-in-law grinned at him every time he told the grandkids that they couldn't break the trust.
I think your talking about an irrevocable trust where the trustee sets the rules and those down the line can't change the original trust?
 

TerryMiller

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I think your talking about an irrevocable trust where the trustee sets the rules and those down the line can't change the original trust?

Is the trustee not the one that simply manages the trust rather than make changes to the trust? I'd think that was the irrevocable category of trust, but I'm no attorney. My wife could determine where trust monies were invested and at the end, closed the trust and distributed the monies. Father-in-law was the one that made the final determination of the trust's provisions and named the trustee.
 

Oklahomabassin

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Following for info. Since I am old (at least Rickn says I am) and am building wealth, I probably should put it in writing what to do with my body and my money when I am no longer able to use it as I please.
 

harley128

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Following for info. Since I am old (at least Rickn says I am) and am building wealth, I probably should put it in writing what to do with my body and my money when I am no longer able to use it as I please.
From what I've learned so far, a revocable trust is probably the direction I'm going. Basically, in Oklahoma if you own probate assets valued at greater than $50,000 then probate courts get involved---even if there's a will.......... It creates a delay and expense for those meant to inherit your assets.. So, by putting your real estate property in a revocable trust, it will bypass probate altogether. Bear in mind, this is my understanding only at this time. I"m not a lawyer, but I did stay at a Holiday Inn.
 

Shadowrider

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From what I've learned so far, a revocable trust is probably the direction I'm going. Basically, in Oklahoma if you own probate assets valued at greater than $50,000 then probate courts get involved---even if there's a will.......... It creates a delay and expense for those meant to inherit your assets.. So, by putting your real estate property in a revocable trust, it will bypass probate altogether. Bear in mind, this is my understanding only at this time. I"m not a lawyer, but I did stay at a Holiday Inn.
Probate should ALWAYS be done if one owns property. Oklahoma has what's called a Summary Administration. I call it "probate lite". It's for small estates and I don't remember the number but it's much quicker, easier and cheaper. A lot of people can do them but sadly don't.

ETA: You can't put certain things into a trust such as IRAs. Doing a probate just makes things so much easier for events after death if there are family members left.
 

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