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Estate Planning for individuals with less than the Federal Estate tax thresholds (currently approximately $5.5MM) consists of a Living Trust and a Pour Over Will. The Living Trust will have ultimate ownership and control over all of your assets and companies. The Living Trust allows for the control of the assets to immediately pass (instead of getting caught up in probate court by passing through a Will) so that way mortgage payments are made, rents are collected, insurance premiums are paid, etc. The Living Trust ensure that your property is not lost or diminished in value which can occur if the properties are caught in probate court. The Pour Over Will essentially states that anything that was not put into the Living Trust during your life is “poured” into the Trust and distributed accordingly to the beneficiaries (your heirs).
There are many ways to structure an estate plan and they can be confusing. We specialize in how the Living Trust and Pour Over Will should be used for the real estate investor.