The Living Trust avoids the appointment of a guardian to manage your property by the Probate Court. You may also appoint a Health Care Proxy in many states. This may also be made part of your Living Trust. This document will allow another person to make health care decisions for you in the event you are not able to do so. The exact requirements of a Health Care Proxy vary from state to state.
Privacy is also another important consideration.
When a will is probated, it is filed with the Court and becomes a public document. The trust is not a public document and preserves your privacy during your lifetime and after your death. A Living Trust is also beneficial to individuals who are in second marriage situations. The Living Trust allows the property to be placed into a trust and then used to support a spouse after the creator s death. At the time of the death of the second spouse, the property is then given to individuals predetermined by the creator.