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All trusts are required to contain at least the following elements:Trusts must identify the grantor, trustee and beneficiary. The grantor and trustee must be identified because they are parties to the contract.The trust res must be identified.The trust must contain the signature of both the grantor and the trustee.
The four main types are living, testamentary, revocable and irrevocable trusts. However, there are further subcategories with a range of terms and potential benefits.
The testamentary trust is a provision within the will that outlines the estate's executor and instructs that person to create the trust. However, the trust is not immediately established after the person's death since the will must go through the probate process.
Trusts are a crucial element to Estate Planning as they help provide more control over asset distribution after death. Among the various types available, a Testamentary Trust can be one of the best options for those thinking of their young children or grandchildren.
Living trusts and testamentary trustsA 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.
There are five key elements of trust that drive our philosophy:Reliability: Being reliable creates trust.Honesty: Telling the truth creates trust.Good Will: Acting in good faith creates trust.Competency: Doing your job well creates trust.Open: Being vulnerable creates trust.
The trustee must register the trust by filing with the clerk of the court in any county where venue lies for the trust under RCW 11.96A.
One of the drawbacks of a testamentary trust is the considerable responsibility it puts on the trustee. He must meet regularly with the probate court to demonstrate his safe handling of the trust, and depending on your wishes, his tasks may go on for many years.
A trust can stipulate, for example, that until age 25, the trust assets are held for the benefit of the beneficiary but that he is not automatically entitled to any distributions unless the trustee believes that a distribution is advisable. At age 25, the beneficiary becomes entitled to one third of the trust assets.