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WILL WITH TESTAMENTARY TRUST:
A Will
with a testamentary trust is very similar to your standard
Will however the document has a trust built into it. These
documents are commonly used when we are doing an estate with
minor children or if one of the beneficiaries is mentally
incapacitated. Upon the demise of the maker of the Will, the
Will goes through the probate process but instead of the
assets going directly to the beneficiary they go into a trust
for the benefit of the beneficiary. The trust will name a
trustee. The money in the trust can be distributed to the
beneficiary for health, education, maintenance and support of
the beneficiary. When the beneficiary attains the age of
distribution then the trust shall distribute the balance of
it’s proceeds directly to the beneficiary. We do two types of
Wills with testamentary trusts: 1. Simple Minor’s trust and 2.
Complex Minor’s trust.
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