Client Focused Lawyers
A testamentary trust is similar to a living trust except it is created AFTER the Will's creator passes per a last will and testament's instructions.
Assets are transferred into the trust via a last will and testament's distribution instructions.
The testamentary trust is managed by a trustee or several trustees named by the testator of the will. The trustees may be family members, friends or a professional trustee service called a "corporate trustee".
One of the most common uses of a testamentary trust is to withhold distributions to young beneficiaries until they reach a certain age. Distributions can be made to young beneficiaries or their guardians for reasonable health, education, maintenance or support needs if approved by the trustee.
The trustee of the trust can be the same person as the children's guardian or the trustee can be a separate person to provide a system of "checks and balances". Sometimes an asset such as a home is left to be used by a surviving spouse, children or other family members before being distributed at a later point to beneficiaries. This use of a trust is for creating a "life estate".
If a married couple faces estate taxes, a testamentary trust can allow each spouse to claim an individual estate tax exemption, rather than "sharing" an exemption.
A testamentary trust does not help assets avoid probate. If probate is not a concern, a testamentary trust may fulfill many goals for families. Otherwise you may want to consider a living trust.
Leavell and Rivera, PLC is a full-service law firm experienced in numerous areas of law. Our attorneys provide Arizona families and businesses with quality and affordable legal services. Call for a Free 30 Minute Consultation.
Contact Leavell & Rivera, PLC
Request a Free Case Evaluation
Disclaimer: This website does not create an attorney client relationship between you and Leavell & Rivera, PLC, contacting the firm through this website does not create an attorney client relationship. The information within this website is provided as convenience and resource.
Phone: 480-948-7114 | Fax: 480-422-7330 | Addess 15425 S. 40th Place, Suite #5 | Phoenix, AZ 85044
Phoenix Law Firm Leavell & Rivera, PLC, provides top of line legal represenation for familes facing divorce, child custody, child support, adoption, child custody, or parenting time issues. The firm is highly recommended when chosing a family law attorney in Phoenix, AZ or when handling any estate planning and probate matters .
Phoenix Family Lawyers & Estate Planning Law |