Answer: When you set up a Living Trust, you transfer assets from your name to the name of your trust, which you control- such as from “Bob and Sue Smith, husband and wife” to Bob and Sue Smith, as Trustees of the family trust. Legally, you no longer own anything (don’t panic: everything belongs to your trust). Therefore there is nothing for the court to control when you die or become incapacitated. The concept is very simple, but this is what keeps you and your family out of the courts.

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