What are the differences between living and testamentary trusts?

February 2, 2015

The principal difference between living and testamentary trusts is when they go into effect. Living trusts go into legal effect immediately upon signing. They are known as inter vivos trusts, which means "during lifetime" in Latin. This distinguishes them from trusts created in wills (testamentary trusts) that do not take legal effect until the maker's death. Like wills, testamentary trusts go through the probate process and are supervised by the court system, while living trusts escape court supervision. Living trusts can technically be either revocable or irrevocable, but the term "living trust" commonly refers only to revocable trusts.

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Our experience with Hooper Law Office can be explained in a few words; professional, excellent, knowledgeable, and outstanding. We would highly recommend Hooper Law to everyone.

John Q.
Atty. Plankey shepherded us carefully through what we saw as an almost incomprehensible process. Due to her ease of communication, attention to detail, and boundless patience we feel safe and secure knowing someone "has our back." We will not hesitate to recommend her services!

Carol Ann L.
Hooper Law Office is a jewel of a firm. We use them as attorneys on our estate plan. Our experience with Justin Randall and the whole team there has been first class. Justin's expertise shines as do his manners and work product. We highly recommend this firm.

Andrew W.
We appreciate the professional expertise of Peter Harbach. He was very kind and considerate.

Lee H.
We've used Hooper Law Office for both our personal estate planning as well as for my mother. They were great to work with and provided excellent advice and guidance.

Randall P.
My husband and I would like to thank Attorney Patrick Furman and Paralegal Charity Plate for the work they did developing an Irrevocable Trust for us. The were very helpful, explaining the process to us and answering our questions. It has given us peace of mind to know that our property and finances will be handled according to our wishes.

Arline R.
We've been through estate planning steps with multiple firms. Hooper Law Office has exceeded any of our prior experiences. The professionalism, thoroughness, knowledge, and organization is superior. Thank you.

Sandra T.
My husband and I would like to thank Attorney Patrick Furman and Paralegal Charity Plate for the work they did developing an Irrevocable trust for us. They were very helpful, explaining the process to us, and answering our questions. It has given us peace of mind to know that our property and finances will be handled accord to our wishes.

Arlen R.
Hooper Law Office did a great job in explaining to me and my family how an LLC worked and how an Irrevocable Trust would protect my home and cabin from Long Term Care expenses. We had many meetings and final paperwork was explained before signing.

Steven H.
We are so glad we came to Hooper Law Office. They made it easy to understand everything we needed to have done, and covered all of the areas to ensure our future is safe and everything will be taken care of.

Pamela K.
We retained Hooper Law Office because estate planning is their primary focus. Attorney Patrick Furman was responsive in understanding our unique family situation and very creative in crafting effective solutions. Paralegal Cindy Borowksi was friendly and efficient. This team enabled the successful conclusion of a long-deferred family responsibility. The Hooper Annual Update internet is unique, informative, and adds continuing value to the service provided.

Brian G.
We couldn't have asked for a better experience. It felt like we were talking to family. We can't thank them enough for making the process so easy.

Joan M.
It was a pleasure doing business with Hooper Law Office. My lawyer - Justin Randall, was super nice and took the time to explain everything in terms that I could understand. They were very efficient in planning my estate. I highly recommend them.

Susan F.
Hooper Law Office exceeded our expectations during this process. They were professional, knowledgeable, and efficient. Working with them was not stressful, but instead was like talking with an old, trusted friend.

Mary C.
We had a good experience working with Sarah Kons and her associates. All questions were answered and all phone calls were received. We were overwhelmed at our last session when we were presented with a thick binder that contained all of our wishes on legal forms. The work justified the cost.

Francis E
Our experience with Sarah exceeded expectations. In addition to helping us craft a flexible Estate Plan tailored to our family's needs, Sarah engaged with fiduciary and financial partners, establishing a team of professionals to support our family and execute our wishes.

Kathy S.
I would have waited three months rather than just three weeks to have this conversation and receive all of this information. I had not realized there were other options. This was fantastic, and you have been a fountain of useful information. Especially in the area of planning around disabilities, whether young or later in life, there are not enough people like you for individuals or their families to speak with to get good information to make decisions on these issues.

Greg L.
Everyone we have worked with has been friendly, helpful, and professional. Their knowledgeable staff created plans that are specifically designed for our family's needs. We appreciated their guidance and support. We highly recommend their services!

Megan L.
We were referred to Attorney Sarah Kons at Hooper Law Office to develop a family trust that worked perfectly with our needs. Attorney Kons was extremely professional, knowledgeable, thorough and patient; taking the time to learn our situation in order to properly advise us of our options. The final product was well worth the effort and cost and will ultimately save our family members a great deal of trouble upon our passing. We recommend her highly to anyone seeking family counsel. Thanks Sarah, pleasure working with you!!

Edward & Nikki J.
The initial consultation and subsequent contacts, including singing the final Trust paperwork, were hampered by COVID-19 restrictions. Attorney Kons and Hooper Law support staff made it as easy as possible by maintaining regular phone, email, and postal contacts throughout each step in the process of creating a new trust. We are extremely pleased that we chose Hooper Law Offices.

Julie J.
My wife and I had put off this step in our financial plan for years. I went to the seminar Hooper offers, and it had great info. We made an appointment and completed our Trust. It was so easy to do as Hooper handles everything from start to finish. Great experience.

Jeffrey G.
I was impressed with the concerned and professional way the Hooper Law Office handled the making of my trust. They asked me important questions to find out how I wanted the trust set up. Their goal was to be sure I got the trust I wanted in the form I wanted it.

B.K. W.
Justin did a very complete job and explained everything to us. Very professional.

Tom H.
Our experience with Hooper Law Office was excellent from start to finish. I'm especially impressed with the attention to detail. The process of funding the trust was very detailed, but it all got done properly. As a detail person, I am very pleased.

Pam K.
We are very happy with the services we have received from Hooper Law Office. Peter is very knowledgeable and easy to talk to. Our work was done quickly & efficiently. Cindy has also done her very best to answer all of our questions and help fill out paperwork when needed. I believe she goes above and beyond. I would definitely recommend Hooper Law Office to all.

Jeanette S.
Sarah Kons spent time with our family to understand our specific needs and the solutions required to meet those needs. She and the paralegals updated all our legal documents (will, power of attorney, etc) and prepared a trust and special needs trust for us. Because of this, we now have peace of mind that our family is protected when we die and we can leave what we want, to whom we want, when we want, the way we want. The team is also available to work with us as our lives and laws change to make sure our documents continue to meet our needs. Since we've created our documents, they've conducted annual client update meetings to keep us informed of changes happening that might affect our plan. We feel Hooper Law Office is helping us preserve our legacy!

Karen K.
We went to one of Hooper Law Office's free seminars and were very impressed with their knowledge, professionalism and the fact that they just work with estate planning.

We decided to meet with Sarah Kons and move forward with our estate planning. Sarah and the Hooper Law Office Team answered all of our questions and concerns. They always had our best interest in mind.

We highly recommend Hooper Law Office.

Jean and Joe T.
Dear Attorney Sarah Kons,
Thank you very much for all of your assistance with the preparation of my Will and estate. Your willingness to help me with all the legal paperwork gives me peace of mind to know that my mother and sister will not have to make decisions on their own.
Again, thank you.
Sincerely,
Robert S.

Robert S.
I would just like to tell you that we're very satisfied with the professional help you and Lisah gave us to this day. And also the outstanding job of explaining the trust we never had before.

Don G. and family
We had been thinking about getting our will updated, our medical last wishes, and final estate planning in order. Hooper Law Office had an ad in our newspaper and it was at a time and place that we found very convenient. We were impressed with the seminar and the questions that were answered to our satisfaction. We decided it was time to make an appointment to see what it was all about. At the time, we were only going to get an idea of what it was all about. It was our first attempt to check out our thoughts. We wanted to know more.

My wife and I made the free visit to see if we would be interested in Hooper Law Office to take care of our legal work. Wow, were we in for a surprise! Sarah Kons, was the attorney that we worked with. She gave us all the time we needed to know about us and what we were looking for. She was very thorough. She gave an overview of all the things we needed to think about.. We set up an example of what we would be facing. We decided to think it over.

We were so comfortable with her that we decided to go ahead and get it done. It was an interesting journey from start to finish. There was no "high pressure" at all. We weren't ready for all the questions and paper work needed, but we soon found ourselves involved and excited to getting everything together. Sarah was a big help to us. We learned that Hooper Law Office is a team. That was important to us. The paralegal staff was very personable and helpful when we had questions. We appreciated their cheerful attitude. It gave us assurance that we made a very good choice when we chose Hooper Law Office. We are convinced that this was the Attorney and Group that would do a complete job for us. Peace of mind is important to us. We feel that we have that, and are happy to recommend Attorney Sarah Kons and her team Attorneys to take good care of our needs.

John and Bev
We had a great experience working with Peter and staff. They took their time to explain everything and were very thoughtful. We can now take this off our bucket list! Thanks for your great work.

Joe and Carol
I found Hooper Law Office to be honest, expedient and knowledgeable. If you are going to need a will or trust it is worth using a specialist. Hooper Law knows what they are doing because they are specialists.

Scott H.
Our estate planning evolved over the years working with several attorneys at different periods of time. The plan was not thorough and incomplete. Now as a Certified Financial Planner, I understand the need for a highly qualified attorney for our estate planning needs.

Through working closely with Attorney Foss Hooper on our plans, we developed a strong personal and profesional relationship. After a few discussions, Foss had a clear understanding of our goals in drafting our estate planning. This is our second marriage and we wanted to have fair and equal treatment for the children of our previous marriage.

The plan is based on three important objectives for family wellness:

1. An effective arrangement of care for family members in financial and health care issues.

2. A tax efficient transfer of wealth to beneficiaries and charity.

3. A legacy to leave.

Attorney Hooper drafted four separate trusts:

1. A Revocable Lving Trust which is fully funded.

2. A Dynasty Trust protecting assets for multiple future generations.

3. A Revocable Stand Alone IRA Trust designed for asset protection and to enhance wealth accumulation for beneficiaries of various ages.

4. An Irrevocable Trust in conjuction with an ILIT as means for wealth transfer in eliminating estate and other taxes.

Our estate planning is thorough and complete. We are comfortable, confident and satisfied with our comprehensive plan.

We greatly appreciate Attorney Foss Hooper's professional expertise.

Maung H. Win- Pro Bono Financial Planner/Educator

FISC

and

Rosemarie R. Win

Maung H. Win- Pro Bono Financial Planner/Educator
The Hooper Law Office has been my trust attorney for over ten years. I have found them to be very thorough and sensitive in every phase of interviewing, advising and executing the details of my trust. Their seminars and educational programs are timely and highly professional.

Richard
I thought I had our financial affairs in order, in case of our death, until I attended a seminar held by Sarah Kons of Hooper Law Office. That's when I learned I didn't know what I was doing. By the end of the seminar I wanted an appointment to have their professional help. All we had to do was give them our information and they handled everything so our trust was in order and we could relax knowing everything was being taken care of and done properly. Now when the time comes, our children, with minor help of Hooper Law Office, can take care of our estate with minimum time and effort.

Gail and Neva
We learned of Hooper Law through a seminar we attended looking for trust information. We were set up with Peter Harbach and he took us through the process. He explained things very good and was very professional. He met with our children too so they understood. A great experience! Thank you Peter and Staff.

Don and Lois
Each of us is in our second marriage and we each have 2 grown children. Hooper Law Office helped us develop an estate plan which protects each other while ensuring that our children inherit what is theirs. The staff was consistently helpful, considerate and responsive. It was an easy and enjoyable experience to work with them. We would recommend H.L.O. to anyone.

Bill and Susan
We are nearing retirement age and realize our wills, made when our now adult children were young, needed to be updated. We attended a seminar about retirement at which the speaker stressed the importance of using a specialist for the preparation of wills, and other estate documents. Our son recommended Sarah Kons, an estate planning specialist with Hooper Law Office. We are so glad we consulted her and used her services. She is smart, organized and fully knowledgeable about all aspects of estate planning. She didn't "sell us" on anything, rather she educated us about our choices after carefully gathering all the facts about our situation. Her guidance and expertise were extremely valuable to us. The price was clearly laid out beforehand and there was no hidden or unexpected fees. She and her staff followed through promptly on every aspect of the plan. We highly recommend Sarah Kons to anyone who wants expert guidance and care with their estate planning.
Sincerely,

Nancy & Jon
I am very satisfied with the work of Hooper Law Office, specifically Sarah and Kim, and my children should be equally grateful. I consider the fees worth every penny. I have and will recommend Hooper Law Office to friends.

Lurton
We would like to thank you for your help and guidance in planning our will. You are very helpful and kind at Hooper Law Office and we are very pleased with your work. You really cared about us and what we want to happen when we are not here. You are super nice people to work with and very detailed.

Rick & Diane
Thank you for preparing my trust. For ensuring my assets are secured. All my questions were answered. We look forward to working with you in the future.

Arlene
My husband had to go into a nursing home suddenly due to health issues and I was no longer able to care for him at home. Due to the high costs of my husband's care, I was scared that all of the money we both worked so hard for would be gone within a short period of time. My daughter found Hooper Law Office. We were quickly put into touch with Sarah Kons and Kim Van Den Bosch-Jones. Within a couple of days we were meeting with them to put my finances in order. They were wonderful to work with. They explained everything in a language that I could understand. Because of all of their help assisting with the paperwork, contacting agencies, and setting up accounts, a lot of stress was taken off my shoulders, which I am grateful for. I appreciate all of the time and effort both Sarah and Kim have helped me and my daughter with getting all of our affairs in order. I can't thank you both enough!

Carol L.
My experience with Hooper Law was superior and it was all made possible with how Sarah Kons put me at ease. I was especially worried about the way everything was spelled out in legal terms. Sarah assured me that they would be there for me down the road. This was very comforting to me. This is a very troubling time for me and I am sure that Sarah has set up my trust to make mine and my daughters future much brighter with the loss of my wife and mother in the past six months. To learn Sarah's compassion all you have to do is read the letter in the office about her wonderful grandma. Sarah and her staff are great, Thanks.

William O.
I am working with Hooper Law office, along with my dad, to set up a trust for him. We have both been very pleased with the courtesy and patience shown to us by everyone in the office, especially Peter and Cindy. They have both been so good about spending as much time with us as we needed to have our many questions and concerns addressed.

M. Mallien
I am very impressed by the professionalism and thoroughness of Attorney Sarah Kons and her support staff Ms. Cindy Gitter. Sarah spent almost 2 hours in our first meeting to learn about my family and intent before setting up a suitable trust and will for me. Cindy is also very thorough in the follow-up documentation.

Sun K.
" [...] Your kindness and generosity are overwhelming! The services you provided were outstanding! I can't even tell you how much I appreciated Kim and all the help & phone conversations to her that were more than helpful, understanding and compassionate! [...]"

Paulette
I am very satisfied with the work provided by Hooper Law in the preparation of our living trust. They were thorough and efficient in assisting us and provided valuable guidance and explanation of key issues. Preparation of the trust was very important to me and I am grateful for the assistance provided.

Paul T.
Hooper Law Office was very informative on all areas of special needs trusts and regular trusts. Sarah and her paralegals were so quick to get back to us with more info than i had asked. I could not say enough about this law office. We were very impressed with every step we took. Thank you again for all your help.

Charmaine and Mike L.
Without the determination of my daughter, Gina, this would have never happened and Hooper Law Office put the frosting on the cake !

John G.
I have had a very good experience working with the Hooper Law Office. They were very knowledgeable, very professional and prompt. I recommend them for all of your estate planning needs!

R. Haley
Very informative, not pushy, great knowledge, more than fair about payments. Very timely-would recommend for all and have to my friends.

Donna F.

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