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So revocable trust is a substitute for a will. If I create a will for someone and then they die we’re going to go to the probate court and have the executor appointed by the court and have the will admitted meaning that the court says this is the real will unless somebody comes and objects. And then, the executor goes and does what the will says as far as paying creditors and distributing the money.
A revocable trust the clients during their lifetime transfer their assets to themselves in the trust. So Mark Bregman transfers his house to Mark Bregman as the trustee of the Bregman trust. And then when I die, my trust says when Mark Bregman dies, Sandy Bregman becomes the successor trustee and life goes on, we don’t have to go to court. So we sidestep the court by using the trust. So the rev trust or revocable trust or revocable living trust, RLT all of those are just a way that we avoid probate.
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Phoenix, AZ estate planning attorney Mark A. Bregman explains a revocable trust. He explains that a revocable trust serves as an alternative to a will. With a traditional will, after a person’s death, the estate must go through probate court, where the court appoints the executor and formally validates the will. The executor then follows the will’s instructions, paying creditors and distributing assets to the beneficiaries.
In contrast, a revocable trust allows clients to transfer their assets into the trust during their lifetime, with themselves as trustee. For example, Mark Bregman might transfer his house to himself as trustee of the Bregman Trust. Upon his death, the trust designates a successor trustee, such as Sandy Bregman, to manage and distribute the assets according to the trust’s terms. This process bypasses probate court, allowing for a smoother transition of assets. Revocable trusts—also referred to as revocable living trusts or RLTs—are primarily used to avoid probate and simplify estate administration.
