Inter Vivos Living Trust Without A Lawyer
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FAQ
The intervivos trust may be either revocable or irrevocable, and either funded or unfunded. An intervivos trust is often referred to as a ?living trust?. The creation and administration of the intervivos trust occurs outside the general supervision of the Probate Court.
One example to help you imagine how an Inter Vivos Trust can be used is a college education fund. Let's say you have two young children, and you and your spouse became motivated to establish an estate plan. You set up two Trusts and name your children as the beneficiaries, one Trust per child.
In establishing a trust, the grantor names the trust parties, which include the grantors, typically the spouse; the beneficiaries; and the trustee. Sometimes, the spouses are named as trustees. However, a contingent trustee should be named in the event both spouses die.
A living trust (sometimes called an inter vivos trust) is one created by the grantor during his or her lifetime, while a testamentary trust is a trust created by the grantor's will.
For a revocable living trust to take effect, it should be funded by transferring certain assets into the trust. Often people fund a living trust with real estate, financial accounts, life insurance, annuity certificates, personal property, business interests, and other assets.