Trust kits can be dangerous
Buying a trust kit may be a large financial mistake that can interrupt your life and the life of those you love. Estate planning is complicated and there are a host of legal and practical considerations that must be taken into account and tailored to each individual's needs. These include joint property ownership, beneficiary designations, intestate proceedings and a variety of different trusts. There is no such thing in estate planning where "one-size" fits all. You need careful and accurate advice about which of these documents and arrangements will work best for you under your circumstances. In addition, trust kits are often sold nationally and either are not tailored or are poorly tailored to each state's laws. In Michigan, effective April 1, 2000, the Revised Probate Code was replaced with a new Probate Code called the Estates and Protected Individuals' Code or EPIC. There have been several changes in Michigan's Probate Laws and it is important that whomever you choose to draft your estate planning documents is familiar with these laws and knows how to take advantage of the benefits that are available to you.
Problems that we sometimes see with trust kits or documents that have not been prepared by trained legal professionals include creation of documents which are not legally valid, trusts which are unfunded (which results in an ineffective trust), legal deficiencies and documents which do not reflect the testator's or grantor's goals.
Before deciding if you need a trust you first need to understand what a trust can or cannot do for you specifically. Our office offers you a free consultation to help you decide which estate planning tools are appropriate for you as well as quality service in creating an estate plan for you.