Estate Planning News

Beware of Living Trust Scams

Planning in advance for the distribution of assets at death is a good idea. While there are many ways to do this, in order to make the right decision the smart consumer needs to explore every option and consider the type of estate planning that's appropriate for them. One device is a living trust which is a trust set up during a person's lifetime. This may be a good idea for some, but not for others. Most importantly, keep in mind that when considering your estate planning needs, your interests may best be met by consulting with an attorney.

The Scams:

Unfortunately, when it comes to living trusts, unscrupulous con artists are ready to play on consumers' fears of the unknown. In some cases, consumers--mostly elderly--are solicited by phone or mail to attend seminars or to set up in-home appointments to discuss living trusts. Living trusts are then marketed through high-pressure sales pitches which prey on the fear that assets will be tied up indefinitely or that estates are prone to heavy taxes and fees if a living trust is not in place. Con artists often rely on unfamiliar terms such as "probate" and "executor" to convince consumers that a living trust is right for them even though many of the complex rules and fees that can complicate estate distributions do not exist in Pennsylvania.

Sometimes victims are sold worthless "kits", costing several thousand dollars, which are nothing more than standard forms that may or may not be valid, as laws concerning living trusts vary from state to state. In other cases, false promoters simply want to gain access to consumers' financial information so they can sell them other products, like insurance annuities.

The Facts:

To avoid being taken advantage of by these con artists, keep the following tips in mind:

• Shop around. Check out offers with a trusted attorney or estate planner.
   
• Be certain a living trust is the best option for your situation.
   
• Never sign anything containing options or terminology you don't understand.
  
  Do not give in to high-pressure sales tactics. Legitimate offers will be around long enough for you to properly research them.
  
  Always check out offers from telephone solicitors or door-to-door sales people.
  
• Make sure you have the option of updating your trust periodically. Understand how this is done and be aware of any costs incurred to do so.
  
  Beware of anyone portraying living trusts as being a solution for estate planning.
  
  Verify any stated affiliation or endorsement by a government agency or senior association.
  
  The Cooling Off Rule states that if you buy a living trust in your home or somewhere other than the seller's permanent place of business (like a hotel seminar), you have three business days to cancel the deal.

Contact our Michigan estate planning attorney now.

	Did You Know?
	A "Living Trust" can be used to hold legal title to and provide a mechanism to manage your property You can select the person or persons you want -- often even yourself -- as the Trustee(s) to carry out the instructions you want in the Trust and name one or more Successor Trustees to take over if you cannot. Unlike a Will, a Trust usually becomes effective immediately, continues in force during your lifetime even in the event of your incapacity, and continues after your death. Most Trusts are "revocable" which allows the person who creates the Trust to make future changes, modifications and even to terminate it.