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NC Wills and Trusts
Home
About Us
Trust Formation
Will Drafting
Estate Planning Overview
Wills vs. Trusts
Our Process
Our Fees
Special Needs Trust
Medicaid Trust (MAPT)
POA's & Other Documents
Other Practice Areas
Our Attorneys
Contact Us
Webinar Registration
Testamonials
Blog
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Protect Your Assets with a Personally Tailored Trust

A person looking over their last will and testament as other people in the background read papers.

Trusts: the Ultimate Estate Planning Tool

It is simple: the benefits of a Trust make this the preferred method of estate planning.  

Why a Trust?

Anything left by Will or by Intestacy must go through probate.  The primary benefit of a Trust is to avoid probate, the delay in title transfer, and the thousands of dollars in taxes/attorneys fees that come with it.

Probate Avoidance

 Probate.  It's a process that can significantly deplete your estate, leaving less for your loved ones.  Beyond the time and stress it creates, probate involves substantial costs – legal fees, executor fees, court costs, and more.  These expenses can easily reach thousands of dollars, sometimes even a significant percentage of your total assets.  A Trust, however, offers a powerful solution: it allows you to bypass probate altogether, saving your estate (and your beneficiaries) a considerable amount of money. 

At NC Wills & Trusts, our experienced Trusts attorneys in Raleigh, NC, Wake Forest, NC, and Rolesville, NC can help you create a trust that avoids probate and preserves your wealth.  We'll guide you through the process, ensuring your wishes are respected and your legacy is protected, all while saving you potentially thousands of dollars in probate costs.  Our trusts start at just $1,000, and we offer a discount for married couples.

How a Trust Saves You Money on Probate:

 Probate costs are calculated based on the size of your estate.  The larger your estate, the higher the fees.  By transferring your assets into a trust, you effectively remove them from the probate process, eliminating these expenses.  The savings can be substantial, often far exceeding the cost of creating the trust itself.  Think of it as an investment in your family's future – an investment that pays for itself by avoiding probate. 

Example of Potential Savings by Forming a Trust

Let's say your estate is valued at $500,000.  Probate costs in North Carolina can vary, but let's assume they average around 3-5% of the estate value.  In this scenario, probate could cost your estate between $15,000 and $25,000.  By creating a trust in Raleigh, NC, you could save your beneficiaries this entire amount.  Even with the cost of setting up the trust, the net savings are likely to be significant.

Beyond the Monetary Savings

While the financial benefits of avoiding probate are clear, trust formation also offers other valuable advantages:

  • Faster Distribution:  Your beneficiaries inherit sooner, without probate delays.
  • Increased Privacy:  Your estate matters remain private, unlike probate proceedings which are public record.
  • Control and Flexibility:  You maintain control over your assets and customize the trust terms.

Medicaid Asset Protection Trust

We can help you qualify for Medicaid without spending down your assets.  A Medicaid Asset Protection Trust (MAPT) is designed to shield your assets from government collection after you pass away.  

  • Qualifying for Medicaid:  One only qualifies for Medicaid if their assets are under a certain threshold.  By the way, that threshold is very low.  If you need to qualify for long-term care, then you would normally have to "spend down" all of your assets in order to qualify.
  • Protecting Assets:  If you are on Medicaid, the government will essentially take your entire estate in order to pay for the governmental assistance that you received while on Medicaid.  
  • Your Heirs Receive your Estate, not the Government: In the end, if you have structured your estate in the proper way, the property held in the Medicaid Asset Protection Trust will pass to your heirs, and NOT Uncle Sam.


See our page on Medicaid Asset Protection Trusts for more detail.

Asset Protection

Our attorneys can help you protect your assets and minimize tax liabilities through strategic trust planning.  Certain types of Trusts can also shield your property from collection as the result of a lawsuit.

Special Needs Planning

We can help you create a plan to provide for a loved one with special needs, including setting up a special needs trust.  See our page on Special Needs Trusts for more detail.

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Peach Law PLLC is doing business as NC Wills and Trusts

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