ANSWERS: 3
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best case: lot of paper work but a percentage of the gross estate for your efforts worst case{ disputes, disgruntled beneficiaries, legal contests, having to hire an attorney, liability if you willfully disburse in a wrong manner(hire another attorney), more paper worl dealing with issus...I could go on....but you still get that percentage
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I just completed my mother's trust: Worst - half the world think a trust and will are the same (including the IRS). Always have death certificate and Memorandum of trust with you when settling/closing/opening an account, filing tax returns. Make sure the trust has verbage that indicates if any beneficiary contest the trust, they are cut out. Is a wonderful bat to use. Second, you are not automatically compensated for your duties as trustee. The trust should spell that out as well. However, you can be reimbursed for expenses; i.e. gas, food, etc. (keep receipts) Best - No interference from the courts and the trust can be completed quickly, on your timetable. You can open accounts, close accounts, distribute monies, etc. There is no best for a will. It must be probabted which means you need to hire an attorney. It will take months. Sometimes if you want to sell property, you need to get the approval of the probabte court. Every decision usually has to be approved by the probate judge. Huge pain in the rump. (My mother bought a new house before she died and forgot to put it in the trust. Had to probate it. What a nightmare) Bottom line --Trust all the way. It's relatively easy to set up, everything is spelled out and a will is included within the confines of the trust that does not have to be probabted. Hope this helps.
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I was executrix for my moms and my aunts.. Moms, no trouble, lawyer did everything. My aunts, I did it all, she had a large estate and it took 9 months to get it over with..I hated her accounted and I had to pay aton of taxes for the money I recieved being in charge of it..At the time we had to pay taxes on the estate, that pissed me off. That was hugh, then I had to split it 4 ways, besides.
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