One of the better ways to financially protect an elderly individual is setting up a trust.

The type selected depends on the goals and circumstances of the donor or grantor who is providing the money and property to fund the trust.  It also depends upon the circumstances of the person who is to benefit from the trust.

A living trust, also known as a Revocable Living Trust, is not the same as a living will, which provides medical care decisions. A revocable living trust is created while the person is still alive and can be modified at any time; it’s an easier alternative to organize assets and allows for efficient property distribution upon one’s death.

When considering setting up a revocable living trust for an elderly individual, it’s also important to first consider their mental capacity. Do they have the ability to: transact ordinary business and understand the trust that they are signing?

Did you know?

  • If the person with the trust becomes mentally incapacitated, their trustee can manage their assets rather than a court-supervised guardian or conservator.
  • A Revocable Living Trust helps avoid probate and the details of trust agreement cannot become public record.
  • When the person with the living trust dies, those assets go directly to the beneficiaries named in the trust agreement.

The attorneys of Peck Ritchey, LLC are recognized leaders in estate, trust and guardianship litigation.  For more information on setting up a trust by speaking to a trust litigation attorney, visit our website or call directly at (855) 328-5787.


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The peace of mind that Peck Ricthey's office has given me is worth every penny. The services they provided me and my family in an emergency medical situation is beyond outstanding. Last minute notice, Peter Brady and team were compassionate, understanding and most importantly efficient and got the job done. Look no further if you have any needs that this office can provide for you. Definitely in good hands! Thank you, a thousand times over for all of your help.

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I solicited Peck Ritchey, LLC for assistance with a living trust for which I became the beneficiary. I needed assistance with understanding the details of how it all worked. However, I was especially concerned because there were threats of allegations made by family members and a lawsuit was filed against me. I needed a solid professional who had my best interests in mind. Peter Brady took my case and he managed it flawlessly. He explained everything in a way I could understand, he knew the law inside and out, he was always available to answer questions, and even offer support when things seemed like they could become extremely problematic. In addition to this, he had a plan. He navigated the course as if he already knew the next move by the opposing attorney. He made me feel like everything was in control and that’s because he knew exactly what he was doing and he consulted with me about everything. We ended up settling out of court and ultimately the court officially dismissed the lawsuit. I honestly believe if it wasn’t for Peter and his expertise this could have gone in an entirely different direction. Peter did a stellar job and I couldn’t be more pleased and impressed with his performance.

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