Tennessee Revocable Living Trust
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FAQ
Many people use a revocable living trust because it gives them more control over the trust assets. Putting your house in a revocable trust still allows you to change the terms of the trust or remove the house from the trust if you want to.
Creation of a Trust To create a trust, the property owner (called the "trustor," "grantor," or "settlor") transfers legal ownership to a family member, professional, or institution (called the "trustee") to manage that property for the benefit of another person (called the "beneficiary").
A will lays out your wishes for after you die. A living revocable trust becomes effective immediately. While you are alive you can be in full charge of your trust.
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.
Funding a Trust Is Expensive... This is the major drawback to using a revocable living trust for many people, but it's not worth the time, money, and effort to create one if the trust isn't fully funded.
Paperwork. Setting up a living trust isn't difficult or expensive, but it requires some paperwork. Record Keeping. After a revocable living trust is created, little day-to-day record keeping is required. Transfer Taxes. Difficulty Refinancing Trust Property. No Cutoff of Creditors' Claims.
As far as the Internal Revenue Service is concerned, trust property belongs to the grantor. The grantor names a trustee to manage the assets, but during their lifetime, most people name themselves in this position. A successor trustee is named to carry on when the grantor dies or becomes incapacitated.
There are pros and cons to revocable living trusts. Some of the Pros of a Revocable Trust. It lets your estate avoid probate. It lets you avoid ancillary probate in another state. It protects you in the event you become incapacitated. It offers no tax benefits. It lacks asset protection.
