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Montana Living Trust for Husband and Wife with Minor and or Adult Children

State:
Montana
Control #:
MT-E0178
Format:
Word; 
Rich Text
Instant download

Description

This form is a living trust form prepared for your state. A living trust is a trust established during a person's lifetime in which a person's assets and property are placed within the trust, usually for the purpose of estate planning. The trust then owns and manages the property held by the trust through a trustee for the benefit of named beneficiary, usually the creator of the trust (settlor). The settlor, trustee and beneficiary may all be the same person. In this way, a person may set up a trust with his or her own assets and maintain complete control and management of the assets by acting as his or her own trustee. Upon the death of the person who created the trust, the property of the trust does not go through probate proceedings, but rather passes according to provisions of the trust as set up by the creator of the trust.

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  • Preview Living Trust for Husband and Wife with Minor and or Adult Children
  • Preview Living Trust for Husband and Wife with Minor and or Adult Children
  • Preview Living Trust for Husband and Wife with Minor and or Adult Children
  • Preview Living Trust for Husband and Wife with Minor and or Adult Children
  • Preview Living Trust for Husband and Wife with Minor and or Adult Children
  • Preview Living Trust for Husband and Wife with Minor and or Adult Children
  • Preview Living Trust for Husband and Wife with Minor and or Adult Children
  • Preview Living Trust for Husband and Wife with Minor and or Adult Children
  • Preview Living Trust for Husband and Wife with Minor and or Adult Children
  • Preview Living Trust for Husband and Wife with Minor and or Adult Children
  • Preview Living Trust for Husband and Wife with Minor and or Adult Children

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FAQ

Property you put in a living trust doesn't have to go through probate, which means that the assets won't get tied up in court for months and maybe years. However, you don't have to put bank accounts in a living trust, and sometimes it's not a good idea.

One type of trust that will protect your assets from your creditors is called an irrevocable trust. Once you establish an irrevocable trust, you no longer legally own the assets you used to fund it and can no longer control how those assets are distributed.

The process of funding your living trust by transferring your assets to the trustee is an important part of what helps your loved ones avoid probate court in the event of your death or incapacity. Qualified retirement accounts such as 401(k)s, 403(b)s, IRAs, and annuities, should not be put in a living trust.

Under California law, a marriage automatically invalidates any pre-existing will or trust as to the new spouse's inheritance rights, unless the documents provide for a new spouse, or clearly indicate a new spouse will receive nothing.

You can put your real estate into your living trust even if owe money on it. A loan on the property -- like a mortgage or deed of trust -- will follow the property into the trust, and it will also follow the property to the beneficiary.

A will and a trust are separate legal documents that typically share a common goal of facilitating a unified estate plan.Since revocable trusts become operative before the will takes effect at death, the trust takes precedence over the will, when there are discrepancies between the two.

Under California law, a marriage automatically invalidates any pre-existing will or trust as to the new spouse's inheritance rights, unless the documents provide for a new spouse, or clearly indicate a new spouse will receive nothing.

Cash Accounts. Rafe Swan / Getty Images. Non-Retirement Investment and Brokerage Accounts. Non-qualified Annuities. Stocks and Bonds Held in Certificate Form. Tangible Personal Property. Business Interests. Life Insurance. Monies Owed to You.

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.

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Montana Living Trust for Husband and Wife with Minor and or Adult Children