The Saving Advice Forums - A classic personal finance community.

Putting Financial Accounts into a Revocable Trust

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    Originally posted by disneysteve View Post

    We thought a woman's right to control her own body was "an established thing" and we see how that went.
    How about the body of the child growing inside of her?

    All the overturn of Roe vs Wade did was push it back to the state. If you want to murder your child you're more than able to across the country today.

    And to be clear, if YOU didn't want to wade into this topic, then YOU shouldn't have brought it up.
    Last edited by myrdale; 02-26-2026, 04:28 AM.

    Comment


    • #17
      Originally posted by ua_guy View Post
      Please, excuse yourself and your lack of knowledge from trying to explain this to me.
      That's laughable.

      You don't get to point and make the claim that the other side is coming for your marriage then turn around and get upset and try to silence them when they refute it.

      Rather than get upset, how about you explain it to me exactly why a trust is necessary in the place of a will.

      Comment


      • #18
        Originally posted by ua_guy View Post
        The last recent attempt failed, thankfully (Kim Davis)
        I mean really, LOOK AT THIS. Actually use some critical thought in your argument for once ua_guy.

        The last "recent attempt" was in 2015 (More than 10 years ago!), by a county clerk.

        A federal court order compelled her to issue a marriage license and she refused to carry out her job.

        It would be like if an employee at your local DMV decided not to issue a drivers license to a woman one day and you started claiming the US Government was taking away women's privilege to drive.

        Should a cake maker be forced bake a cake for your wedding? Absolutely not.

        Should a preacher or church or any private venue be forced to offer their services to your wedding? Absolutely not.

        Should the county clerk be forced to issue the wedding certificate? Absolutely.

        Comment


        • #19
          Originally posted by myrdale View Post
          I mean really, LOOK AT THIS. Actually use some critical thought in your argument for once ua_guy.

          The last "recent attempt" was in 2015 (More than 10 years ago!), by a county clerk.

          A federal court order compelled her to issue a marriage license and she refused to carry out her job.

          It would be like if an employee at your local DMV decided not to issue a drivers license to a woman one day and you started claiming the US Government was taking away women's privilege to drive.

          Should a cake maker be forced bake a cake for your wedding? Absolutely not.

          Should a preacher or church or any private venue be forced to offer their services to your wedding? Absolutely not.

          Should the county clerk be forced to issue the wedding certificate? Absolutely.
          Are you so uninformed that you completely missed that the Supreme Court weighed but ultimately declined to hear an appeal from Kim Davis in November 2025, just a few months ago? The months leading up to it, and the decision were well-documented and publicized. You could choose to inform yourself with minimal effort, like, using a search engine, so that you can at least understand at a minimal level which states have active legislation under consideration to limit Obergfell v Hodges in their states, and/or rewrite law to only recognize opposite sex marriages in their states. These things have potential direct impact on financial and estate planning for same sex couples.

          I don't need to explain anything to you about why a trust versus a will might be more impactful in my situation. You don't speak for me, you clearly have no idea the issues that we as gay people face with our spouses, so give your advice to someone else.
          History will judge the complicit.

          Comment


          • #20
            The Supreme Court declined = It Didn't Go Before the Supreme Court. Why? Because it was a worker refusing to do her job. There is no "there" there.

            Did I have to google it to see the year was 2015? Yeah. Why? Because it's been a decade ago from when it started. This was discussed for months on the radio, then again when the supreme court turned it down.

            You really need to let go of this irrational fear that people really care about what goes on behind your closed doors, especially on a financial website. It's sad that you let your anger control you like this. Just calm down and try to enjoy life.

            "I don't need to explain anything to you about why a trust versus a will might be more impactful in my situation". Because you know I am right. If not for me then for the other views of this website. What vantages does a trust provide over a will for a homosexual couple?

            All of the issues you face, end at the property lines of neighbors.

            Comment


            • #21
              Originally posted by myrdale View Post
              The Supreme Court declined = It Didn't Go Before the Supreme Court. Why? Because it was a worker refusing to do her job. There is no "there" there.

              Did I have to google it to see the year was 2015? Yeah. Why? Because it's been a decade ago from when it started. This was discussed for months on the radio, then again when the supreme court turned it down.

              You really need to let go of this irrational fear that people really care about what goes on behind your closed doors, especially on a financial website. It's sad that you let your anger control you like this. Just calm down and try to enjoy life.

              "I don't need to explain anything to you about why a trust versus a will might be more impactful in my situation". Because you know I am right. If not for me then for the other views of this website. What vantages does a trust provide over a will for a homosexual couple?

              All of the issues you face, end at the property lines of neighbors.
              Sadly, you choose to remain both uninformed and misinformed on the parts you insist that you understand. You are absolutely incorrect that a trust doesn't provide additional legal protection if same sex marriage ceases to be recognized at the federal level. You should educate yourself rather than continuing to double down on your assumptions. Estate planning as a topic absolutely belongs on a financial website. I'm not sure why you think it doesn't. And part of that topic involves legally structuring the planning so it remains durable with changes in both social, political, and legal winds for all of us.
              History will judge the complicit.

              Comment


              • #22
                Originally posted by ua_guy View Post
                Sadly, you choose to remain both uninformed and misinformed on the parts you insist that you understand. You are absolutely incorrect that a trust doesn't provide additional legal protection if same sex marriage ceases to be recognized at the federal level.
                Honestly I am beginning to wonder if you any clue at all on what you're talking about. You are so wrapped up in your political hysteria that you fall into delusions that there is some conspiracy to dissolve your tax status. I'm sorry if you have family or friends or neighbors that disagree with your choice, but literally no one else in the country cares.

                You continue to make claims with nothing to back them up. I'll repeat myself:

                "What vantages does a trust provide over a will for a homosexual couple?"


                Comment


                • #23
                  "What vantages does a trust provide over a will for a homosexual couple?"

                  I do know what I'm talking about. Even AI knows what it's talking about. Do you know what you're talking about? I'm not sure I'd trust the angry insistence from someone who is perpetually single and childless for advice on my estate planning with my spouse. Here's how you could have used AI as a basis for absolutely minimal understanding on the subject of your own question. My own legal challenges are reflected in a number of the topics below.


                  Here’s a clear, practical breakdown of how a trust can offer advantages over a will—and why these benefits can be especially meaningful for a same‑sex couple. I’ll keep it organized and grounded in real‑world estate‑planning dynamics.
                  Trust vs. Will: Key Advantages for a Same‑Sex Couple


                  Even though marriage equality is the law of the land, same‑sex couples still sometimes face unique social, familial, and legal challenges. A trust can help smooth out many of those friction points.

                  Below are the most important advantages.
                  1. Privacy and Protection From Family Interference

                  Trust
                  • A trust is private. It never becomes a public record.
                  • This can be crucial if one partner’s family is unsupportive or might challenge the surviving partner’s rights.
                  • Reduces the risk of relatives contesting the estate or trying to exclude the surviving partner.
                  Will
                  • A will goes through probate, which is public.
                  • Family members can access the documents, contest them, or create delays.

                  2. Avoiding Probate (Faster, Cheaper, Less Stressful)

                  Trust
                  • Assets in a trust skip probate entirely.
                  • The surviving partner gains immediate access to assets, housing, and financial accounts.
                  • This avoids delays that can be emotionally and financially stressful.
                  Will
                  • Must go through probate, which can take months or years.
                  • Probate can be costly and may expose the surviving partner to financial vulnerability.

                  3. Stronger Protection Against Challenges


                  Same‑sex couples sometimes face:
                  • estranged family members,
                  • disputes over “real” next of kin,
                  • attempts to invalidate documents.
                  Trust
                  • Much harder to challenge than a will.
                  • Provides a clear, legally robust structure for asset distribution.
                  Will
                  • Easier for hostile family members to contest.

                  4. More Control Over How Assets Are Used

                  Trust
                  • Allows detailed instructions:
                    • lifetime income for a partner,
                    • protection of shared property,
                    • care for children (including non‑biological),
                    • long‑term planning for blended families.
                  • Can protect assets from creditors or remarriage complications.
                  Will
                  • Only distributes assets outright.
                  • No ongoing control or protection.

                  5. Better Planning for Non‑Biological or Non‑Adopted Children


                  This is a big one for many LGBTQ+ families. Trust
                  • Can explicitly name children, stepchildren, or children not legally adopted.
                  • Ensures guardianship and financial support are handled exactly as intended.
                  Will
                  • Can name guardians, but probate courts may scrutinize or challenge arrangements if biological relatives object.

                  6. Continuity if One Partner Becomes Incapacitated

                  Trust
                  • A revocable living trust includes incapacity planning.
                  • The other partner can immediately step in to manage finances and property.
                  Will
                  • Only takes effect after death.
                  • Offers no help during incapacity.

                  7. Helps Navigate Complex Family Dynamics


                  Many same‑sex couples deal with:
                  • unsupportive relatives,
                  • blended families,
                  • estranged parents or siblings.
                  Trust
                  • Creates a clear, enforceable structure that minimizes conflict.
                  • Reduces the chance of someone trying to override the couple’s wishes.

                  When a Will Is Still Useful


                  A will is still needed for:
                  • naming guardians for minor children,
                  • distributing assets not titled in the trust,
                  • expressing final wishes.

                  But it’s not enough on its own for couples who want maximum protection.
                  If you want, I can help you:
                  • compare types of trusts,
                  • outline what a same‑sex couple should include in an estate plan,
                  • explore how to protect a partner if you’re unmarried,
                  • or walk through common pitfalls LGBTQ+ couples face in estate planning.

                  Just tell me where you want to go next.



                  If marriage equality were ever rolled back—a deeply unsettling scenario, but one worth planning for—a trust becomes one of the strongest legal tools a same‑sex couple could rely on. A trust can preserve rights, protect assets, and maintain control in ways that don’t depend on marital status at all.

                  Here’s how it would matter.
                  How a Trust Protects a Same‑Sex Couple if Marriage Equality Disappears

                  1. A Trust Works Regardless of Legal Relationship Status


                  If the law stopped recognizing same‑sex marriages:
                  • You could lose automatic rights spouses normally have (inheritance, hospital access, property rights).
                  • A trust does not care whether the law recognizes your relationship.
                  • Whoever you name as beneficiary or trustee has legal authority because you granted it.

                  This makes a trust a powerful workaround to discriminatory laws.
                  2. It Prevents Biological Family From Taking Over


                  Without marriage equality, hostile or estranged relatives could:
                  • claim next‑of‑kin status,
                  • challenge your partner’s rights,
                  • attempt to seize property,
                  • override your wishes.

                  A trust:
                  • keeps assets out of probate,
                  • leaves nothing for relatives to contest,
                  • gives your partner immediate control as trustee or beneficiary.

                  It’s one of the few tools that can effectively shut down interference.
                  3. It Protects Shared Property From Being Reclaimed


                  If marriage isn’t recognized, property titled in one partner’s name could be vulnerable.

                  A trust can:
                  • hold the home and other major assets,
                  • ensure the surviving partner can stay in the home,
                  • prevent family members from forcing a sale or eviction.

                  This is especially important if one partner earns more or owns more property.
                  4. It Ensures Financial Continuity Without Court Approval


                  Without marriage equality, your partner might lose:
                  • access to bank accounts,
                  • authority to manage bills,
                  • rights to manage shared finances.

                  A trust:
                  • gives your partner immediate legal authority to manage assets,
                  • avoids cort involvement,
                  • ensures continuity during illness, incapacity, or death.

                  This is crucial if one partner becomes unable to manage finances.
                  5. It Protects Children in Non‑Traditional Family Structures


                  If the law no longer recognizes both parents:
                  • non‑biological parents could lose parental rights,
                  • relatives could challenge custody,
                  • children could lose financial support.

                  A trust can:
                  • name children as beneficiaries regardless of legal parentage,
                  • provide financial support directly,
                  • designate your partner as trustee over the children’s assets,
                  • reduce the chance of custody disputes by showing clear intent.

                  It’s not a substitute for legal parentage, but it’s a strong layer of protection.
                  6. It Shields Your Wishes From Changing Political Winds


                  A will is vulnerable because:
                  • it goes through probate,
                  • probate courts follow current law,
                  • judges may have discretion that’s influenced by the legal climate.

                  A trust:
                  • bypasses the court system,
                  • is governed by contract law (much harder to override),
                  • remains enforceable even if laws change.

                  It’s one of the most stable estate‑planning tools available.
                  7. It Provides Incapacity Protection Without Relying on Spousal Rights


                  If marriage equality vanished, your partner might not be allowed to:
                  • make medical decisions,
                  • manage finances,
                  • access medical information.

                  A trust can:
                  • give your partner full financial authority during incapacity,
                  • ensure they can manage property and accounts,
                  • prevent courts from appointing a biological relative instead.

                  You’d still need medical directives for healthcare decisions, but the trust covers the financial side comprehensively.
                  The Bottom Line


                  If marriage equality were ever rolled back, a trust becomes:
                  • a shield against discriminatory laws,
                  • a barrier against hostile family members,
                  • a guarantee that your partner is protected,
                  • a tool that preserves your wishes regardless of legal recognition.

                  It’s one of the most powerful ways for a same‑sex couple to secure their life together in an uncertain legal environment.

                  If you want, I can walk you through:
                  • what type of trust is best,
                  • how to structure it for maximum protection,
                  • how to combine it with other documents (powers of attorney, health directives),
                  • or how to protect children in a legally hostile environment.

                  Just tell me where you’d like to go next.
                  History will judge the complicit.

                  Comment


                  • #24
                    I asked copilot another way for you:


                    if marriage equality was no longer the law of the land, how would a trust provide advantage over a will for same sex couples

                    Here’s the heart of it: if marriage equality were rolled back, same‑sex couples would lose a bundle of automatic legal protections that married couples take for granted. In that world, a trust becomes far more powerful and reliable than a will because it can replicate many of the rights that would otherwise disappear.

                    Below is a clear, structured breakdown of why a trust would offer major advantages. Why a Trust Would Be More Protective Than a Will

                    …if marriage equality were no longer recognized

                    1. A trust avoids probate, while a will does not


                    Probate is a court‑supervised process that validates a will. If same‑sex marriage weren’t legally recognized:
                    • A hostile family member could challenge the will.
                    • Courts might give more weight to biological relatives over a same‑sex partner.
                    • Probate judges in some jurisdictions could be less sympathetic.

                    A revocable living trust sidesteps all of that. Assets pass privately and automatically to the surviving partner, with no court involvement. 2. A trust gives immediate control and continuity


                    If one partner becomes incapacitated:
                    • A will does nothing—it only operates after death.
                    • A trust allows the surviving or successor trustee (often the partner) to manage assets immediately.

                    This is crucial if the law no longer recognizes the partner as next of kin. 3. A trust is harder to challenge


                    Wills are relatively easy to contest. Trusts are not.
                    • Trusts require more formal setup.
                    • They operate during life, not just at death.
                    • Courts generally treat them as stronger evidence of intent.

                    For same‑sex couples facing potential family disputes, this stability is a major advantage. 4. A trust can protect shared property from hostile relatives


                    If marriage equality disappeared, the default inheritance laws would treat same‑sex partners as legal strangers.

                    A trust can:
                    • Ensure the surviving partner keeps the home.
                    • Prevent relatives from forcing a sale.
                    • Shield assets from claims by family members who disapprove of the relationship.
                    5. A trust can include non‑probate assets and instructions a will cannot


                    A trust can hold:
                    • Real estate
                    • Bank accounts
                    • Investments
                    • Personal property
                    • Business interests

                    And it can coordinate with:
                    • Beneficiary designations
                    • Life insurance
                    • Retirement accounts

                    This creates a unified plan that doesn’t depend on marital status. 6. A trust provides privacy


                    If marriage equality were rolled back, privacy becomes more valuable.
                    • Wills become public record during probate.
                    • Trusts remain private documents.

                    This protects the couple from scrutiny, harassment, or unwanted attention. 7. A trust can replicate many rights normally granted by marriage


                    Marriage automatically grants:
                    • Priority in medical decision‑making
                    • Rights to shared property
                    • Inheritance rights
                    • Rights to remain in the home

                    Without marriage equality, a trust—paired with powers of attorney and healthcare directives—can recreate many of these protections. The bottom line


                    If marriage equality were no longer recognized, a trust becomes the most powerful tool same‑sex couples have to protect each other legally, financially, and practically. A will alone simply doesn’t provide enough protection in a hostile legal environment.

                    If you want, I can walk you through:
                    • What type of trust works best
                    • How to structure it to protect both partners
                    • What other documents should accompany it (POA, healthcare directives, etc.)

                    Just tell me where you’d like to go next.
                    History will judge the complicit.

                    Comment


                    • #25
                      Originally posted by ua_guy View Post
                      "What vantages does a trust provide over a will for a homosexual couple?"
                      I do know what I'm talking about...... I'm not sure I'd trust the angry insistence from someone who is perpetually single and childless for advice on my estate planning with my spouse.
                      Really I am concerned for you and your mental health.

                      I ask you to backup your claims and that makes me "angry insistence" for failing to accept your repeated line about how ignorant I am and that you aren't going to explain why.

                      Your personal attacks are getting kind of unhinged. "Someone who is perpetually single and childless". I mean just because I haven't chosen to get married or father children doesn't mean I am perpetually single. I am all for having a good time, but I know my worth, set my boundaries, and know how to properly utilize prophylactics.

                      Originally posted by ua_guy View Post
                      Here's how you could have used AI as a basis for absolutely minimal understanding on the subject of your own question.
                      Originally posted by ua_guy View Post
                      You could choose to inform yourself with minimal effort, like, using a search engine,


                      Originally posted by ua_guy View Post
                      Thank you. If I was asking for health advice, I'd consult my doctor, not Youtube. Why do you consult Youtube for yours?
                      It's a riot how you speak out of one side of our mouth insulting me for referencing google or youtube, when out the otherside of your mouth you vomit up a page of AI hogwash.

                      It is sad that you are so estranged from your family members that you think they wouldn't support your decisions listed in your will. At least with the way you insult your father-in-law, maybe you're on point wanting the trust.

                      Comment


                      • #26
                        Originally posted by myrdale View Post

                        Really I am concerned for you and your mental health.

                        I ask you to backup your claims and that makes me "angry insistence" for failing to accept your repeated line about how ignorant I am and that you aren't going to explain why.

                        Your personal attacks are getting kind of unhinged. "Someone who is perpetually single and childless". I mean just because I haven't chosen to get married or father children doesn't mean I am perpetually single. I am all for having a good time, but I know my worth, set my boundaries, and know how to properly utilize prophylactics.







                        It's a riot how you speak out of one side of our mouth insulting me for referencing google or youtube, when out the otherside of your mouth you vomit up a page of AI hogwash.

                        It is sad that you are so estranged from your family members that you think they wouldn't support your decisions listed in your will. At least with the way you insult your father-in-law, maybe you're on point wanting the trust.
                        Which piece was the AI information wrong about?
                        History will judge the complicit.

                        Comment


                        • #27
                          Originally posted by ua_guy View Post

                          Which piece was the AI information wrong about?
                          1. A trust works regardless of legal relationship status.

                          Irrelevant. A valid will which has been properly executed works regardless of the relationship of the beneficiaries.

                          5. A trust can include non-probate assets and instructions a will can not.

                          Irrelevant. For items such as your bank accounts, you should make sure you're both on the account and listed as beneficiaries. Similarly for items like the house, have both names on the deed.

                          1. Privacy and Protection from Family Interference

                          Pointless. So a trust is not probated and is not public record. All the more reason for a will. Everyone will know exactly what your intentions were. A trust can still be contested within a couple of months. Again no additional protection.

                          It's neither a barrier nor a guarantee.

                          I'm not going to waste any more of my time refuting AI non-sense. You've yet to provide a valid explanation for why a trust out performs a will.

                          You need to set your will up properly, then communicate to your family members (hell give them all a copy of it) while you're alive and make sure they understand this is your wishes.

                          Comment


                          • #28
                            Originally posted by myrdale View Post

                            1. A trust works regardless of legal relationship status.

                            Irrelevant. A valid will which has been properly executed works regardless of the relationship of the beneficiaries.

                            5. A trust can include non-probate assets and instructions a will can not.

                            Irrelevant. For items such as your bank accounts, you should make sure you're both on the account and listed as beneficiaries. Similarly for items like the house, have both names on the deed.

                            1. Privacy and Protection from Family Interference

                            Pointless. So a trust is not probated and is not public record. All the more reason for a will. Everyone will know exactly what your intentions were. A trust can still be contested within a couple of months. Again no additional protection.

                            It's neither a barrier nor a guarantee.

                            I'm not going to waste any more of my time refuting AI non-sense. You've yet to provide a valid explanation for why a trust out performs a will.

                            You need to set your will up properly, then communicate to your family members (hell give them all a copy of it) while you're alive and make sure they understand this is your wishes.
                            No worries on my end. We have wills too. But I did have AI explain to you about how a trust is more powerful than a will where it's needed. You should plan your own estate as how you see fit.

                            Our families have been fully included in our estate planning. I think that's a critical piece that a lot of people neglect, particularly if they're writing their documents in an exclusionary or secretive manner for whatever reasons they may have. Ours are inclusive and we have shared our plans and have no worries that our families wouldn't follow what's in our wills. It's the uncertainty and challenges at the federal level that concern the legal protections of our marriage that give us pause. We'd rather plan for the worst and not worry.

                            Avoiding probate is a big one. It reduces headache, potential expense, and unnecessary delay. I'm not sure why anyone would want assets assigned in properly executed estate plans to go through probate.
                            History will judge the complicit.

                            Comment

                            Working...
                            X