Estate planning helps to eliminate any discrepancies or legal issues that may arise after the death of the testator. Even though it is not compulsory to have a will notarized in NYC, it is highly recommended for one to notarize it. This means it is “self-proving” and can make probate easy and fast. A will must be kept in a safe and easily accessible place.
The classification of a trust will be based on many different factors. One factor is the revocability of a trust. When the trust agreement retains the right of the trust maker with consent of a third party or unilaterally to revoke the trust and take back assets in the trust; it is a revocable trust. An irrevocable trust does not have such a stipulation in its agreement.
Revocable Trust. This is a trust put in place during the lifetime of a trust maker and is designed to be altered, modified or revoked. Many times a revocable trust is referred to as a living trust. These trusts are popular as a way to avoid probate in the event a trust maker passes away. All the assets placed in this trust at the time a trust maker’s death will not be required to be part of a probate. A revocable trust is not an effective tool for protecting assets during the trust maker’s life. They will continue to be vulnerable to a trust maker’s creditors who try to use a court to obtain the assets during a trust maker’s lifetime.
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