Why Do Wills Need to Be Recorded?

February 14, 2018

 

You may not need to necessarily record a trust although an important component of your trust strategy is to fund it after you have put it together. Far too many people stop after the establishment of a trust and fail to follow through with the funding. There are many different estate planning concepts included in the answer to the question about why a will needs to be recorded or filed. When you leave a will, you leave a clear set of instructions that help to determine how your property is distributed to your heirs after you pass away. estate plan and legacy

Someone must have the authority to transfer this property and this authority is granted by a court after the will is appropriately filed. The process of presenting the official will triggers the beginning of the probate process. A trust, however, is an entity that is generated when a trustee and a settlor enter into a trust agreement. A person who does not control the trust may have more challenges than a person who establishes themselves as a key player in the trust. Although you can’t touch or see a trust as you would a printed will, this is a legally recognizable entity that contains some distribution instructions after you pass away.

However, the court does not have the authority to grant the settlor’s final instructions included in a trust. This is a major departure from a will. Since the trust can survive the settlor and the trustee is granted the authority in such an agreement under state law, no court involvement may be required. Schedule a consultation today with an experienced estate planning attorney to learn more about your options with regard to estate planning.


Practice Areas:



Schedule your free Exploratory phone call

Click here to see how we
can be of assistance.

Careers/Open Positions

Explore all available job
listings and become a part of an amazing team.

Payment Portal
for Tax and Accounting invoice

This link offers a secure, quick way to complete your payment with Omni360 Advisors LLC.

Our Social Media

Connect with us on Social Media using the following buttons:

Visit our Podcasts

Listen in, Join the Conversation!

Recent Posts

Why Funding Your Trust Matters: A Key Step Beyond Just Creating One

Discover why simply creating a trust isn’t enough. Learn how funding your trust supports your estate plan and helps ensure your intentions are honored. Creating ...

<p>The post Why Funding Your Trust Matters: A Key Step Beyond Just Creating One first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

Avoid Last-Minute Stress: Why Early Communication with Your Accountant Matters

Learn how starting tax conversations early in the year supports smoother planning and better coordination—especially for business owners and families with complex financial needs. Avoid ...

<p>The post Avoid Last-Minute Stress: Why Early Communication with Your Accountant Matters first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

How a Snowstorm Can Help You Rethink Estate, Tax, and Financial Planning

The recent snowstorm is a powerful reminder to evaluate your estate, tax, and financial planning. Learn how extreme weather events can trigger proactive wealth management. ...

<p>The post How a Snowstorm Can Help You Rethink Estate, Tax, and Financial Planning first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>