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Trust U/W - Simple or Complex?

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Zigner

Senior Member, Non-Attorney
i havent missed that fact. there is nothing to talk about it. when the spouse dies plays no part at all in this discussion. that is what i am asking you to provide. what is different about the fact that the spouse died 5 years ago ? 10 years ago ? or yesterday ?

how does the timing of the death play into this discussion ?

we either have a will creating a trust, or a trust itself

the op made a statement about maintaining a trust while the 2 are both alive. and i am still waiting for the answer to my question of what needs to be maintained ? does it need an oil change once a year ? new spark plugs ? what ??
SMH:
You stated (paraphrased) that the trust doesn't kick in until his spouse dies. I just pointed out that his spouse already died. You are right - the time frame doesn't matter.

As to your silliness about the word "maintain"...perhaps you ought to look up the various meanings of the word. Maintain is an appropriate word choice for the OP in this situation.
 


TrustUser

Senior Member
perhaps you should answer my question, and explain to me what needs to be maintained

again, does it need an oil change or new spark plugs ?

my question is perfectly legitimate. when the comment is made that the trust needs to be maintained, i would like to know what that maintenance is ?
 

TrustUser

Senior Member
i am asking this question for a very good reason.

will lawyers like to make their clients think that a trust is some big monstrosity that takes a lot of time to maintain

and i maintain that there is nothing to do !!

so now i ask again, for the third or 4th time - what is there to maintain about a trust ? what extra time does it take that one would not spend with a will that is creating a trust ?
 

TrustUser

Senior Member
i am also fully aware that california is much more onerous than most states, regarding probate. but why would anyone want to go through any probate process at all, when it is unnecessary ?

you see, there is at least something that needs to be done that one could avoid. it is simply more imperative to avoid probate in california.

there are tons of things that are wrong about california - but that would take a web site all of its own to give justice to !!
 

Zigner

Senior Member, Non-Attorney
perhaps you should answer my question, and explain to me what needs to be maintained

again, does it need an oil change or new spark plugs ?

my question is perfectly legitimate. when the comment is made that the trust needs to be maintained, i would like to know what that maintenance is ?
Look at the varied definitions of the word "maintained". One of them is "continued". Yeesh.
 

TrustUser

Senior Member
all you have told me so far is that time elapses while the trust is in effect.

well i can tell you that the exact same amount of time has elapsed for the will that is creating the trust

the reason you cant give me an answer is because there isnt one

and you are too stubborn to admit it

there is a reason why my moniker is trust USER

i know a helluva lot about USING them
 

Zigner

Senior Member, Non-Attorney
for the 5th time, tell me what needs to be done. Yeesh !!
Your question is moot because the definition of "maintain" that is being used in THIS thread is not the definition you are trying to use. If your computer is unable to locate the definitions of the word, then grab a good old-fashioned dictionary.
 

TrustUser

Senior Member
when someone tells me something needs to be maintained, i want to know what that something is

and all of your silliness about me not knowing english goes right out the window

my logic has you in a vise so strong that you can barely breathe

so now for the 6th time, what needs to be done with the trust, that does not also need to be done with the will creating the trust
 

Zigner

Senior Member, Non-Attorney
when someone tells me something needs to be maintained, i want to know what that something is
"Maintained", as used in this thread, means "continued". The trust is being "continued" or "maintained" - the meanings are synonymous in this context.

so now for the 6th time, what needs to be done with the trust, that does not also need to be done with the will creating the trust
Doesn't matter to me - I'm just pointing out that you mistakenly ridiculed somebody for the use of the word "maintained".
 

TrustUser

Senior Member
never did i ridicule the op for using the word maintain

i simply asked him what needed to be maintained

the answer is NOTHING

if the trust is being "continued" or "maintained" - then the will that is creating the trust is being "continued" or "maintained"

game, point, and match to mr. trust user - who knows what the hell he is talking about
 

Zigner

Senior Member, Non-Attorney
never did i ridicule the op for using the word maintain

i simply asked him what needed to be maintained

the answer is NOTHING

if the trust is being "continued" or "maintained" - then the will that is creating the trust is being "continued" or "maintained"

game, point, and match to mr. trust user - who knows what the hell he is talking about?
Fixed it for you.
 

Arkayem

Member
i havent missed that fact. there is nothing to talk about it. when the spouse dies plays no part at all in this discussion. that is what i am asking you to provide. what is different about the fact that the spouse died 5 years ago ? 10 years ago ? or yesterday ?

how does the timing of the death play into this discussion ?

we either have a will creating a trust, or a trust itself

the op made a statement about maintaining a trust while the 2 are both alive. and i am still waiting for the answer to my question of what needs to be maintained ? does it need an oil change once a year ? new spark plugs ? what ??
I am not answering any more questions. I find them rude and condescending.

Didn't anyone ever tell you that you should capitalize the first words of your sentences?
 
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Taxing Matters

Overtaxed Member
the entire world of possibilities ??
Yes. There are lot more options for estate planning than the revocable living trust. You seem to discount them all but the revocable living trust. Because the revocable living trust apparently works best for you, you seem to have the belief that they are the best for everyone in every state. That tells me you are not informed and not experienced in the value of other estate planning options for some people. Not everyone is the same. They don't have the same financial situation, same health, same family, same goals as everyone else. State laws and practices also differ, perhaps more than you realize. You seem to primarily view the world through the lens of how things work in California. I will tell you that, thankfully, no other state is like California. And because not everyone's situation is the same, they will have different needs and different estate planning options will work better for some than others. Revocable living trusts are not the best thing for all people, or even necessarily most people.

the only difference in this situation is whether a trust is being created beforehand or through a will. so i find your statement about giving their clients the best plans to meet their needs a non-sequitor.
Then you missed the point. You said:

there is no reason in the world that i can think of to have a will create a trust, other than to keep lawyers involved in your private affairs.
And my point was that there are situations in which that is useful. That YOU don't know that does not make it a bad way to go. My point was that there are times when that is appropriate and indeed the best plan for the client. You've not done estate planning for clients (or at least should not have since that would be unauthorized practice of law). So you have not seen the diverse array of clients that I have seen with the different situations, needs, goals, and different laws (particularly different from California). Criticizing what lawyers have done when you evidently do not have a full grasp of estate planning options and when they are useful just shows the blinders that you have here: you are so trust focused that you refuse to see that anything else might be at least just as good for some people.
 
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