Setting the record straight: Myths of the Living Trust

If you’re reading this, chances are you have already thought about setting up a living trust.

First, let's define the benefits of a living trust.

A living trust allows you to retain control over the trust property until death. Then, the trust is turned over to the successor trustee, chosen by you, to distribute the trust property according to your wishes. This helps to avoid probate, resulting in a faster and easier distribution to your beneficiaries without the additional costs that are often associated with probate. It also maintains your privacy since its provisions stay confidential, compared to a last will and testament, which becomes a matter of public record.

You can update a revocable trust at any time during your lifetime. Revocable living trusts are used to protect your property until your beneficiary is mature enough to make wise decisions about their inheritance.

Next, let’s delve into some common myths about a living trust.

Myth #1: Living trusts are only for the wealthy.
While it is true that many wealthy people set up trusts, it doesn't mean that this option is only for the rich. In fact, many people with average incomes find living trusts to be extremely beneficial; especially those with children or dependents.

Myth #2: Living trusts only benefit beneficiaries, not the people making the trusts and not you, the grantor.
In fact, a trust allows for easier handling of your affairs if you become incapacitated, and makes things much less stressful for your loved ones that are left to care for your affairs when you're unable to do so.

Myth #3: You can't access funds once they're in a living trust.
This ignores the "living" part of the living trust. All funds and assets can be made as accessible as you wish, to you or to whomever you choose. You can structure the trust so that everything is accessible to you and you alone until your death.

Myth #4: Creating a living trust is expensive and complicated.
Setting up a trust may cost a bit more up front than a last will and testament, but the cost savings later can make up for these expenses in the long run.

Myth #5: A will can do the same things a trust can do.
A living trust adds flexibility. For one, it allows you to give your hard-earned money and property to those you care about while still protecting it for them. For example, if you have beneficiaries who you feel are not able to handle large sums of money on their own yet. Maybe your potential beneficiary is struggling with debt or an unstable marriage; a living trust may be the perfect instrument for you.

Have a discussion with estate planning attorney Chuck Bendig. Call 614.878.7777

Divorce FAQs

If I Am Served Divorce Papers, Do I Have to Sign Them?

In many situations, no. Refusing to sign divorce papers generally does not prevent a divorce from moving forward. However, you must pay close attention to any deadlines for responding to the court. Ignoring divorce papers can result in a default judgment that may affect property division, child custody, child support, and other important issues.

What Happens If I Ignore Divorce Papers in Ohio?

If you fail to respond within the required deadline, the court may enter a default judgment. This means the divorce could proceed without your input, and the judge may grant many of the requests made by your spouse.

How Long Do I Have to Respond to Divorce Papers in Ohio?

In most cases, a response must be filed within 28 days after being served with the divorce complaint. Missing this deadline can significantly impact your legal rights.

Can a Divorce Proceed If One Spouse Refuses to Participate?

Yes. A divorce can often continue even if one spouse refuses to cooperate or participate in the process, provided the filing spouse properly follows court procedures.

Should I Hire a Lawyer After Being Served Divorce Papers?

While it is possible to respond without an attorney, speaking with an experienced divorce lawyer can help you understand your rights, evaluate the requests being made, and avoid mistakes that could affect your future.

Can I Contest What Is Written in the Divorce Papers?

Yes. Filing a response allows you to disagree with allegations or requests involving property division, child custody, child support, spousal support, and other issues raised in the divorce complaint.

What Should I Do Immediately After Being Served Divorce Papers?

Carefully read all documents, determine your response deadline, gather important financial records, and consider consulting an attorney as soon as possible. Taking prompt action helps protect your rights and interests.

Chuck Bendig, Esq

I'm Chuck Bendig,

"For 40+ years, I've served Ohio residents. My private practice spans family law, estate planning, and personal injury cases. My commitment is rooted in genuine care for the individuals I serve."

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