Living Trust Versus Will: 8 KEY Differences (AVOID PROBATE!)

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In this video, I'm going to discuss the 8 essential differences between living trust vs. will. This is important information if you want to avoid probate, which can be a costly and time-consuming process.
Watch this video to gain a solid understanding of living trusts, wills, and how to navigate the probate process. Empower yourself with the knowledge to make informed decisions about estate planning and ensure your assets are distributed as you desire.
"Whatever the case, I can do that inside of a trust. I can not do that with a will." 13:12
A living trust is a legal document that allows you to transfer your assets to a trust during your lifetime. When you pass away, the assets in the trust are distributed according to your wishes without the need for probate. In contrast, a will only goes into effect after you pass away and must go through probate to transfer your assets to your beneficiaries.
Probate is a court-supervised process that can be time-consuming and expensive, and may not distribute your assets in the way you intended.
By creating a living trust, you can avoid probate and ensure that your assets are distributed according to your wishes.
Thank you for watching my video! If you have any questions or comments, please leave them below.
Please like this content and subscribe to the channel for future resources! Thanks again for watching, and have a great day.
Show Notes:
0:00 Intro
3:06 #1 Probate
6:13 #2 Wills Are NOT Fast
10:07 #3 Wills Work After Life
21:25 #4 Living Trust = Options
32:55 #5 Unusual Provision
33:46 #6 Wills Are Public
35:25 #7 100% Time
38:40 #8 Ancillary Documents
45:56 Outro
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ABOUT TOBY MATHIS
Toby Mathis, Esq. is the best-selling author of Infinity Investing: How the Rich Get Richer And How You Can Do The Same. Toby is a tax attorney and founded Anderson Business Advisors, one of the most successful law, tax, and estate planning companies in the United States. Learn more at aba.link/tobyaba
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The information provided in this video should not be construed or relied on as legal advice for any specific fact or circumstance. Its content was prepared by Anderson Business Advisors with its main office at 3225 McLeod Drive Suite 100 Las Vegas, Nevada 89121. This video is designed for entertainment and information purposes only. Viewing this video does not create an attorney-client relationship with Anderson Business Advisors or any of its lawyers. You should not act or rely on any of the information contained herein without seeking professional legal advice.
#livingtrust #wills #estateplanning #tobymathis #probate

Пікірлер: 75

  • @TobyMathis
    @TobyMathis27 күн бұрын

    Are you interested in creating your own living trust? Visit aba.link/mit to speak with an advisor today!

  • @christinewimer5523
    @christinewimer55232 күн бұрын

    When my husband passed he had a Tranfer on Dearh Deed and will. With the Transfer on Death Deed that said all property and anything on those properties automattically transferred to me. I got two homes, boat, 3 cars and the property, with No Probate. But the Transfer on Death deed must be filed at the courthouse, or it is worthless. And they cannot be contested. My husband told me what he wanted his kids to have and i fulfilled his wishes.

  • @The10folks
    @The10folksАй бұрын

    This is the best video on trusts and wills I've seen so far, thanks.

  • @TobyMathis

    @TobyMathis

    Ай бұрын

    Glad it was helpful!

  • @georgevrba5614
    @georgevrba561411 ай бұрын

    This is the best estate, planning video, putting all things on one blackboard, that I have ever seen.

  • @TobyMathis

    @TobyMathis

    11 ай бұрын

    Thanks for the support

  • @Shopwolfe

    @Shopwolfe

    24 күн бұрын

    Agreed. Totally amazing!

  • @SX-sv6vo
    @SX-sv6vo7 ай бұрын

    This video should have over a million views. Detailed, easy to understand, concise information. Thank you! ❤ Subscribed.

  • @TobyMathis

    @TobyMathis

    6 ай бұрын

    Thanks for the sub!

  • @smurfshanker058
    @smurfshanker05824 күн бұрын

    Great job explaining that. I was only going to watch half of this video given the length, couldn't stop watching and ended up watching it all. Nice man

  • @TobyMathis

    @TobyMathis

    23 күн бұрын

    I appreciate you watching the whole video.

  • @judynguyen7125
    @judynguyen712511 ай бұрын

    Thanks for the helpful video, Tony. We now have better decisions for the distribution plan for our living trust that is being drafted.

  • @willmallory9085
    @willmallory908511 ай бұрын

    Thank you SO much. This is why I love this channel.

  • @TobyMathis

    @TobyMathis

    11 ай бұрын

    Thank you too! Its always wonderful to read your comments.

  • @itaspera
    @itaspera9 ай бұрын

    Thanks for your very thorough and caring explanations

  • @TobyMathis

    @TobyMathis

    9 ай бұрын

    My pleasure!

  • @kennydebique6192
    @kennydebique61922 ай бұрын

    I appreciate you sharing your knowledge. Thanks a lot.

  • @TobyMathis

    @TobyMathis

    Ай бұрын

    THANK YOU for the super thanks!

  • @sophialydia7815
    @sophialydia78158 ай бұрын

    Brilliant Thank you 🙏🏿

  • @tntranent
    @tntranent5 ай бұрын

    Very good informationand thank you Toby Mathis...I am really appreciate your video to help me understand living trust and will

  • @TobyMathis

    @TobyMathis

    5 ай бұрын

    Glad it was helpful!

  • @truthandnothingbut
    @truthandnothingbut9 ай бұрын

    Ty great work 🎉

  • @TedlinksChannel
    @TedlinksChannel7 күн бұрын

    Very informative. Best video on these topics I’ve seen yet.

  • @TobyMathis

    @TobyMathis

    6 күн бұрын

    Glad it was helpful

  • @MsLorimay
    @MsLorimay19 күн бұрын

    Very good video. Good explanation of the difference between a trust and a will.

  • @Flutesofkaustubh
    @Flutesofkaustubh4 ай бұрын

    Excellent video description

  • @TobyMathis

    @TobyMathis

    3 ай бұрын

    Glad you liked it

  • @RealSky11
    @RealSky1111 ай бұрын

    THANK YOU!

  • @marymary20
    @marymary204 ай бұрын

    Thank you for posting this video. My husband passed away at 59 years old last month and I am now convinced I need to consult with an attorney to set up a living trust.

  • @TobyMathis

    @TobyMathis

    4 ай бұрын

    I offer my sincerest sympathies for the loss of your husband.

  • @halapasaway3815

    @halapasaway3815

    Ай бұрын

    Hi sir my husband is 73 years old I’m 63 my husband he make a will do I need to have a living trust I only have 1 daughter she is 38 single . tesay from Houston texas . thank you sir.

  • @BrianKindell
    @BrianKindell17 сағат бұрын

    Great video Toby; thanks! Do you think it matters where the firm that creates the trust is located? In other words should I only consider someone local? Also, is the trust still valid if I relocate to a neighboring state?

  • @oneoldman7925
    @oneoldman792511 ай бұрын

    Great presentation I enjoyed it. I have a question if you have personal debt at the time of your death can the creditors make a claim on a living trust?

  • @alfonsoaguayo7002
    @alfonsoaguayo700211 ай бұрын

    Very good info

  • @TobyMathis

    @TobyMathis

    11 ай бұрын

    Glad you think so!

  • @user-iw8mp1oe3e
    @user-iw8mp1oe3e9 күн бұрын

    Thank you.

  • @arthurs.cuffeeiii2800
    @arthurs.cuffeeiii280011 ай бұрын

    Excellent presentation! There is so much more to learn. Do you facilitate trustee training?

  • @TobyMathis

    @TobyMathis

    11 ай бұрын

    We do not currently provide trustee training specifically, though our platinum clients do have access to the attorney helpline, and out attorneys are happy to discuss specific questions or general best practices.

  • @mort.
    @mort.11 ай бұрын

    No but in all seriousness, thanks for giving us free game

  • @ako849
    @ako84911 ай бұрын

    I really in joy have your videos and I am so glad that you help us with understanding . I am from New Zealand and live in Australia. I would like to see if we can help me through this process.

  • @TobyMathis

    @TobyMathis

    11 ай бұрын

    Thank you for reaching out, my company currently only works within the realm of the US but I wish you good luck in establishing your trust.

  • @VanNguyen-ho6ph

    @VanNguyen-ho6ph

    2 ай бұрын

    The US calls it the Living Trust but Australia calls it the Family Trust, you should create yourself. Go to the Post Office to buy the formular for the Trusty, following it than go to the Justice of the Peace to sign. Or you can go to any Local Solicitors but you have to pay thousands of Dollars

  • @nicolefitch6503
    @nicolefitch650320 күн бұрын

    How do I get a living will, thanks for your video, just in time for me since I am 85 now, and learning this is absolutely eye opener. Do not have much and only 2 children but who knows about the spouses.

  • @TobyMathis

    @TobyMathis

    19 күн бұрын

    I recommend registering for a complimentary consultation with my team. We'll tailor our advice to your specific needs. Sign up here: aba.link/mit

  • @TheGreaterGrog
    @TheGreaterGrog10 ай бұрын

    I guess my state is unusual in that the real estate is inherited directly and does not enter probate unless the will specifically refers to the property in question.

  • @lesterjeffries682
    @lesterjeffries682Ай бұрын

    I was thinking about a video will that explain what I want all the asset to go, will that work as a living or trust will?

  • @TobyMathis

    @TobyMathis

    Ай бұрын

    Great question, in order to assist you further, I highly recommend you request a free 45-minute consultation to discuss our proven asset protection and tax strategies and how they apply to your unique situation. Visit: aba.link/mit

  • @jaywhited1174
    @jaywhited117411 ай бұрын

    My understanding is your cost basis on stocks will not change at the time of death if those stocks are in a living trust? If that is true, then what is the best way to keep from losing the new cost basis feature?

  • @TheGreaterGrog

    @TheGreaterGrog

    10 ай бұрын

    That is not true. Some kind of irrevocable trusts cause you to skip the step up basis on death, but normal revocable grantor trusts do not. Those assets do show up on the 706 estate estate tax if you have enough money for that.

  • @lisak3489
    @lisak348911 ай бұрын

    I have a Revocable Living Trust and a Will executed in Hawaii. I am moving to Las Vegas permanently. Will/does my Will & Trust become honored in Las Vegas? Thanks in advance!🤙🌺🌴

  • @user-nu4hy1ed7y

    @user-nu4hy1ed7y

    Ай бұрын

    I would check with a lawyer there shouldn't be any charge to answer that question. May ask the one who drew up you're will. I think since ever state can have different laws requarding property you might have to.

  • @AnimalFarm341
    @AnimalFarm3418 ай бұрын

    Washington State. What about a will with a transfer on death deed for one home? Cars can’t go into a trust and the two cars are worth maybe 2,000 each.

  • @VanNguyen-ho6ph

    @VanNguyen-ho6ph

    2 ай бұрын

    Scraping

  • @sharoncorippo4069
    @sharoncorippo406911 ай бұрын

    Probate is awful. My grandfather owned half of downtown san Diego,worth millions. When he died that was to go to his wife and 3 daughters. The Iawyers got 98% of it. My mom got s few thousand dollars.

  • @willmallory9085

    @willmallory9085

    11 ай бұрын

    😮😮😮

  • @interestedspectator7584

    @interestedspectator7584

    11 ай бұрын

    That is so awful 😢. Thank you for sharing your experience.

  • @spg1794

    @spg1794

    6 ай бұрын

    ....how did such a straightforward will end up with millions of lawyer fees? and when was downtown SD worth only millions, is this in the 80s?

  • @spg1794

    @spg1794

    6 ай бұрын

    and that was it... your family didnt go after the law firm? or even file a complaint against them of the CA BARR associatIon? Im not doubting your story but it sounds like you stopped in the middle of it

  • @VanNguyen-ho6ph

    @VanNguyen-ho6ph

    2 ай бұрын

    His sounds of joker

  • @vinamormorgan1478
    @vinamormorgan147829 күн бұрын

    my husband is 83 and we have three houses and then he put his family in one of the houses and the two house he le for me as a spouse for me and two house it’s already paid off and one is not and it’s $1 million house, so do we need a well a living trust or just leave it like that I’m not sure how is that work because that’s what it said in the will

  • @TobyMathis

    @TobyMathis

    27 күн бұрын

    My team can help you create your living trust. Visit: aba.link/mit

  • @bonniemayne9399
    @bonniemayne9399Ай бұрын

    How about TOD to avoid probate?

  • @TobyMathis

    @TobyMathis

    Ай бұрын

    Learn how to avoid probate during a free consultation with my team. Visit: aba.link/mit

  • @ako849
    @ako84911 ай бұрын

    Hi, Toby could you please help me with sitting up ā leaving trust

  • @TobyMathis

    @TobyMathis

    11 ай бұрын

    Hi Wikingi, thank you for leaving your comment. You can request a free 45-minute consultation to discuss our proven asset protection and tax strategies and how they apply to your unique situation. You can request that consultation here -------> aba.link/tobyss

  • @hanwagu9967
    @hanwagu996711 ай бұрын

    paying trustee fees in perpetuity or lump sum probate? I'll take the lump sum probate. Living trust even with pourover will isn't the end all, and if contested by someone with standing would go into probate. I have considerable assets and nothing will go to probate even though I don't have a living trust and don't need one. House is RTODD, POD accounts, and beneficiaries assigned for everything else, so there is nothing to go into probate. Probate process is over dramatized by those who are in the industry profiting from trust services. Most people would fall under streamlined or expedited probate which is quick, not the 18month average drawn out probate process argument used to sell living trusts. Moreover, just because you have sizable assets, doesn't mean they can go into a living trust (e.g. retirement accounts), need to go into a living trust to avoid probate (e.g. assigning beneficiaries avoids probate), or are counted toward probate thresholds. So saying if you have a large estate you need to get a living trust, is misleading (usually by those who are selling living trust services). Not saying living trusts aren't useful if you are trying to put controls on distributions to beneficiaries or wanting to control the lives of your beneficiaries after you die, but the base argument about needing a living trust to avoid probate is over sold (by those selling living trust services).

  • @GreenKid1988

    @GreenKid1988

    14 күн бұрын

    I’ll trust a professional, instead of someone who thinks they’re using a professional

  • @ericawilliams6192
    @ericawilliams619211 ай бұрын

    I have a question..I'm homeless my mom died named me the beneficiary...the lawyers bullied me ...and I got nothing..it's been 4 years now...is there anything I can do..

  • @TobyMathis

    @TobyMathis

    11 ай бұрын

    Hi, we recommend speaking with one of our advisors for any detailed legal advice. Here is the link to schedule a free strategy session, aba.link/tobyss. Or you may call to speak with an advisor at our toll-free line, 800-706-4741.

  • @user-dj3jv9os4h
    @user-dj3jv9os4h3 ай бұрын

    It go to the vultures And if the contest More vultures Wells dont hold crap Get it out your name if you going to pass that fixes it and no vultures 😅😅😮😅

  • @ako849
    @ako84911 ай бұрын

    I’m sorry my name is Wikingi 😂

  • @BigDaddyofSnohomish
    @BigDaddyofSnohomish9 ай бұрын

    PLEASE USE A WHITE BOARD, thx

  • @TobyMathis

    @TobyMathis

    9 ай бұрын

    Thank you for your feedback!