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A revocable living trust is an estate planning document that is created during a person's lifetime. That creator is typically referred to as the grantor, settlor or trustor. The trustee of the trust (usually, initially the grantor) then manages the trust according to its terms. The trustee will hold title to certain assets for purposes of managing and distributing those assets in the event of the grantor's incapacity and/or death. Such a trust also allows the grantor to retain control over the assets in the trust during his/her lifetime. This means that the grantor can change, modify, or even revoke the trust at any time while they are alive. Unlike a will, a trust often allows for the avoidance of the probate process upon the grantor's death.
A disclaimer trust, also known as a qualified disclaimer trust, is a type of trust that can be established when an individual declines to accept, or "disclaims" certain property that has been left to them in a will or trust. The disclaimed property is then transferred to a new trust, called a disclaimer trust, for the benefit of other beneficiaries, such as the individuals children or other descendants.
A marital deduction trust, also known as a QTIP trust or qualified terminable interest property trust, is a type of trust that allows a spouse to leave assets to their surviving spouse while also providing for the distribution of those assets to other beneficiaries after the surviving spouses death.
Here's how it works: The grantor transfers assets into the trust and specifies a primary beneficiary (usually their spouse). The primary beneficiary has the right to receive income from the trust assets during their lifetime. However, the primary beneficiary does not have the right to dispose of the trust assets or change beneficiaries. After the primary beneficiary's death, the trust assets are distributed to the remainder beneficiaries (as specified by the grantor).
A general power of attorney is a legal document that gives one person, known as the "agent" or "attorney-in-fact", the authority to act on behalf of another person, known as the "principal", in certain legal and financial matters. The power of attorney can be limited to specific tasks or can be broad and encompass a wide range of powers. Either way, it is important to chose an agent who is trustworthy and capable of managing the tasks assigned to them.
The person creating the power of attorney is called the "principal" and they can give the power of attorney to anyone they choose, including a family member, friend or attorney. The power of attorney can be used to manage a variety of tasks, such as paying bills, managing investments and other assets/tasks.
A power of attorney can be "durable" or "non-durable". A durable power of attorney remains in effect, even if the principal become incapacitated, while a non-durable power of attorney terminates if the principal become incapacitated. (Alternatively, a power of attorney can also be "springing," which means that it only becomes effective if and when the principal becomes incapacitated.)
A power of attorney can be revoked and modified at any time by the principal, as long as they are still mentally competent to do so.
An Advance healthcare directive (also, often confusingly, known as a "living will") is a legal document that outlines an individual's wishes for their medical treatment and end-of-life care in the event that they become incapacitated or are otherwise unable to make their own healthcare decisions.
An advance healthcare directive typically includes information about the individuals preferences for certain life-sustaining treatments, such as resuscitation, artificial ventilation, tube feeding and dialysis. It may also include instructions for pain management and other palliative care measures, as well as information about organ donation and funeral arrangements.
An advance healthcare directive can be an important tool in ensuring that an individual's wishes are respected and that they receive the care they want, even if they are unable to communicate their wishes directly. It's important to discuss these wishes with a person's agent and healthcare providers and to make sure that the advance healthcare directive is easily accessible in case of an emergency.
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