Caldwell, Inc. | CalwellTrusts.com




Got questions?
We are here to help.

We've listed below a sampling of the many inquiries we receive about how to plan for tomorrow and specific estate planning tools. Click on any question for a short explanation.

If you have a question of your own, call us anytime. (803) 359-3058.



Why is a trust from an attorney not as good as one designed by The Estate Plan?
How does a Living Trust help you avoid probate?
Is it expensive to create a Living Trust?
What does it mean when you say a Living Trust must be "properly funded"?
If I choose to create a Living Trust, what ancillary documents will I receive?
Is it a hassle to hold property in a Living Trust?
Is a Living Trust ever made public, like a will?
Does a Living Trust protect property from creditors?
If I create a Living Trust, do I still need a will?
Besides Living Trusts, what other problem-solving services can Caldwell, Inc. provide?




Why is a trust from an attorney not as good as one designed by The Estate Plan?

Most attorneys do not devote as much time, nor have as much experience in designing and implementing trusts.


How does a Living Trust help you avoid probate?
When a Living Trust is properly funded, the assets placed inside the trust are no longer required to be probated.


Is it expensive to create a Living Trust?
The opposite is true. A properly created and funded Living Trust, including all ancillary documents, usually costs less than what a family would pay an attorney to probate their estate.


What does it mean when you say a Living Trust must be "properly funded"?
"Properly funded" simply refers to placing your assets inside the trust.


If I choose to create a Living Trust, what ancillary documents will I receive?
Health Care Power of Attorney, Durable Power of Attorney (used for financial matters) and a Pour Over Will (used in case you forget to put something in your trust).


Is it a hassle to hold property in a Living Trust?
Absolutely not. In fact, people often find they have more difficulty with property that is outside of a Living Trust.


Is a Living Trust ever made public, like a will?
No. No one except you and your successor trustee(s) are allowed to see the contents of your trust. Your right to privacy is protected with a properly drafted and funded Living Trust.


Does a Living Trust protect property from creditors?
Having a funded Living Trust, rather than a loving will, provides benefits in the areas of probate, estate taxes and gain for the heirs.


If I create a Living Trust, do I still need a will?
Yes. A Living Trust from The Estate Plan provides a Pour Over will for any assets you may have forgotten to include in your trust.


Besides Living Trusts, what other problem-solving services can Caldwell, Inc. provide?
• Beneficiary Trusts to leave your assets to your children in such a way as to give them the full use and enjoyment of the assets during their lifetimes while protecting those assets from the claims of divorcing spouses, Medicaid Spenddown, creditors and estate taxes.

• Insurance Trusts to reduce or altogether avoid estate taxes that would otherwise cripple your estate and destroy even the best estate planning.

• Specially Designed Trusts to protect and care for a spendthrift child, a drug-abusing child, a handicapped beneficiary or a surviving spouse.

• IRA Trusts to help you avoid unnecessary estate taxes that might be levied on your IRA.

• Alternate B Trusts to help you avoid estate taxes levied by a state whose exemption from estate taxes is less than that offered by the federal government.

• Charitable Trusts to help you participate in the tax advantaged charitable giving programs available under the Internal Revenue Code.