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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.
Assets that should not be used to fund your living trust include: Qualified retirement accounts ? 401ks, IRAs, 403(b)s, qualified annuities. Health saving accounts (HSAs) Medical saving accounts (MSAs) Uniform Transfers to Minors (UTMAs) Uniform Gifts to Minors (UGMAs) Life insurance. Motor vehicles.
An inter vivos trust can be created orally or by writing. However, oral inter vivos trusts may not be accepted by certain jurisdictions and must always comply with the statute of frauds. An inter vivos trust can be revocable or irrevocable.
Also known as a living trust, an inter vivos (sometimes written with a hyphen or as "intervivos") trust is created for the purpose of estate planning while an individual is still living.