IN West Jefferson Hills Spring 2020 | Page 3

INDUSTRY INSIGHT LEGAL INSIGHT SPONSORED CONTENT C O V E L L I L AW O F F I C E S , P. C . Can You Trust Your Living Trust? W ith so many fi nancial planning companies off ering “asset protection strategies” for every conceivable situation, it is nearly impossible to be an informed consumer without the help of an expert, especially when it comes to living trusts. “Some people were enticed with living trusts through some really broad marketing ploys,” said Joe Covelli of Covelli Law Offi ces who is also a member of the Estate Planning Council of Pittsburgh. “Many of these ‘mass marketed’ trust instruments really have limited value when it comes to most estate plans, because the trust instrument was never tailored to the individual’s specifi c situation. A Living Trust is not appropriate for everyone, and your trust may not be protecting your assets in the way that you had hoped.” Creating any type of trust involves transferring assets into the name of the trust. Whether fi nancial assets like bank accounts, stocks, bonds and insurance, or real estate holdings and vehicles, the trust becomes the new “owner” of those assets. However, if your trust is not structured properly, placing those assets in the name of the trust may be futile—causing you additional paperwork, time, and expense with very little benefi t. “A living trust will not protect you from a claim by a nursing home or reduce your inheritance taxes in any great respect,” Covelli explained. “And, if your estate planning also involves a Power of Attorney, you need specifi c language in your Power of Attorney document relative to the trust; otherwise, your agent may not be able to fully manage your assets in the event that you become incapacitated. Most common issues with Living Trusts in Estate Plans involve a lack of coordination between estate planning documents. For example, your Last Will and Testament may have Media Trib Total d oice Awar h Readers’ C orney “Best Att 2019” provisions that confl ict with the trust. Your trust may never have been updated, so your provisions may likewise be outdated.” He added that, fortunately, trusts may be modifi ed in many cases and that a large portion of his law fi rm’s trust work for clients involves revoking established trusts and creating more benefi cial and cost-eff ective estate plans. “The problem is, people hear the word ‘trust’ and they think that every trust is the same; that every trust is benefi cial. However, that is not necessarily the case in every situation. Some types of trusts have more advantages than others,” Covelli said. “A trust that does not accomplish your objectives needs to be revoked and its assets transferred. Many assets can be administered less expensively outside of a trust. Then, specifi c assets that might actually benefi t from a trust can be placed in a carefully crafted asset protection or real estate trust. An experienced estate planning attorney can advise each specifi c individual on the best approaches to protect the person, to lower inheritance taxes, or to more easily transfer assets at the time of death.” Covelli Law Offi ces, once again a Tribune-Review Gold Award winner for Best Attorney as voted by readers, is a local law fi rm equipped to help you understand all legal issues relating to your estate planning. At Covelli Law Offi ces, everyone receives a free 30-minute consultation where a lawyer will advise you as to what role he or she can play in your situation to help the most, and give you an up-front cost for services. For more information on Covelli Law Offi ces, go to Covellilaw.com online, or call 412.653.5000. Covelli Law is located at 357 Regis Avenue (across from the Pleasant Hills-West Miffl in Post Offi ce). Joe Covelli has over 38 years of legal experience and is a “5 Star Professional Award” recipient. He is a member of the National Academy of Elder Law Attorneys, and he heads a team of attorneys with expertise in several areas of the law. For more information, call 412.653.5000, or visit www.covellilaw.com. FREE Consultation | Call Today! 412.653.5000