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Comparing Living Trusts and Last Wills

Although living trusts and last wills are both used to distribute property to beneficiaries, there are some important differences between them. One of the key benefits of a living trust is that it limits the probate court's involvement in property distribution. Unlike a last will, which can be tied up in probate for years, a living trust can quickly and smoothly transfer assets to beneficiaries. Because a living trust is not registered with a court, the estate's details remain private. To see a complete comparison of living trusts and last wills, check out our Last Will, Living Trust, Power of Attorney or Living Will comparison chart.

If you decide to create a living trust, you may also want to create a pour-over will. A pour-over will provides for the distribution of non-trust property that is not otherwise distributed, and lets you name a guardian for your minor children. A LegalZoom Living Trust includes a pour-over will.

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