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blindmike95 t1_jd4xwjh wrote

My wife and I are about to have our first child. We’re both in our 20’s, and don’t own a home yet. Are we better off having a trust or a will?

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EdLoweLaw OP t1_jd4z7aj wrote

Congratulations to you and your wife, friend! It all depends on your estate planning goals, but if you’re concerned about avoiding the probate process you can probably skip the trust until you have real estate, because you can always use beneficiary designations for most assets. Wills, POAs, and healthcare documents may be all you need.

HOWEVER, if you do end up creating a will, there will be something called a “testamentary” trust built within it to protect and manage assets for your bambino should you and your wife die before they reach a certain age. This type of trust is under the probate court’s jurisdiction, which many people like or don’t like depending on how they feel about a lot of different things. Often, people will opt to create a revocable living trust with the primary goal of allowing a minor beneficiary’s inheritance to be managed privately, rather than through the court.

If you meet with an estate planning attorney for a consultation, they should be able to get to the heart of what’s most appropriate for you, your wife, and the little one. As the family grows, so should the estate plan. Congratulations again!

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blindmike95 t1_jd4ziww wrote

Thank you! We will definitely sit down with an attorney at some point. Where is your office located?

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