Whether we are talking about a Living Trust or a Family Trust, a Trust is a living document, which means it is controlling as soon as you sign it. While a Trust is generally used to express the same three commands as a Will, a Trust affords you more flexibility and offers additional options, including:

  • Avoiding the public administration called Probate;

  • Distribution provisions that dictate when a minor, an immature beneficiary, or a beneficiary with special needs, will receive all or a portion of the inheritance;

  • Beneficiaries, including surviving spouses, do not need to worry about going through the time and expense of public Probate Court proceedings; and

  • Planning for situations unique to your family, i.e. blended families, children with special needs, adult children you have a guardianship over, among other ideas, that can cause problems for your beneficiaries if the inheritance is left to the discretion of the State of Idaho.