Fideicomiso en Vida - Revocable - Living Trust - Revocable

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Multi-State
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US-00556
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Fideicomiso en vida para personas que deseen disponer de activos sin sucesión. Revocable. 22 páginas. ¡MÁS POPULAR! Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
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What Is a Living Trust Revocable?

Definition: A living trust revocable, also known as a revocable living trust, is a legal document that allows an individual (the grantor) to place assets within a trust with the ability to amend or revoke the trust during their lifetime. This ability provides flexibility and control over the management of the assets.

Key Concepts & Definitions

  • Grantor: The person who creates the trust and places assets into it.
  • Trustee: An individual or institution appointed to manage the trust assets.
  • Beneficiary: The person or persons designated to benefit from the assets within the trust after the grantor's death.
  • Revocability: The feature which allows the grantor to alter or cancel the trust at any time during their lifetime.

Step-by-Step Guide to Creating a Living Trust Revocable

  1. Determine the purpose of your trust and identify the assets you wish to include.
  2. Select a reliable trustee and successor trustee.
  3. Choose the beneficiaries who will receive the assets upon your passing.
  4. Consult with an estate planning attorney to draft the trust document.
  5. Sign the trust document in the presence of a notary.
  6. Fund the trust by transferring the ownership of your assets to it.
  7. Store the trust document in a safe place and inform relevant parties about its location.

Risk Analysis of Revocable Living Trusts

  • Legal Expenses: Setting up a revocable living trust involves attorney fees which can be substantial depending on the complexity of the asset distribution and other factors.
  • Mismanagement: Poor management of the trust by an unreliable trustee can lead to asset loss or decrease in value.
  • False Sense of Security: Grantors sometimes mistakenly think a living trust covers all aspects of estate planning, neglecting other important elements such as a will or health care directives.

Common Mistakes and How to Avoid Them

  • Incomplete Asset Transfer: Ensure all intended assets are properly transferred into the trust. Assets not titled in the name of the trust are not covered by its terms.
  • Neglecting Regular Updates: Regularly review and update your trust to reflect changes in your life circumstances or financial situation.
  • Choosing the Wrong Trustee: Select a trustee who is reliable and capable of managing your trust effectively. Consider a professional if no suitable personal acquaintance is available.

Pros & Cons of Revocable Living Trusts

  • Pros: Avoids probate; provides flexibility and privacy; can be altered or revoked as needed.
  • Cons: Higher initial setup costs than a will; requires management and can involve trust taxes.

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