Why Living Trust Forms are Important for Anyone - Living Trust

Living trusts aren't just for the rich. A living trust is an important estate planning tool that can be used for asset protection, privacy, avoiding probate, and more. If you don't know whether to make a living trust or have asked yourself "what is living trust", we'll explain some of the important benefits that can be reaped by their use.

What is a Trust? Trust Vs Will

A living trust fund is created by a document that names the trust, its purposes, identifies a trustee to manage the assets on behalf of the beneficiaries, and describes the trustee's authority. Then assets are identified to be placed in trust, which is called funding the trust.

The creator of the trust is also called the settlor or grantor, and may also be named as both a trustee and beneficiary. The extent of the grantor's powers over the trust will determine whether it is a revocable living trust or an irrevocable trust. The reason why living trust documents are often created as an irrevocable trust is because the lack of the grantor's power over the assets makes it harder for creditors to attach the assets than those placed in a revocable living trust. That's why a trust fund is considered to be an asset protection vehicle.

Why Living Trust Forms are Used Will Vs Living Trust

The terms living trust vs will are often misunderstood. There are important differences when comparing a will vs living trust. A last will takes effect only after you die and distributes all the named property to beneficiaries upon your death. Living trusts take effect before your death and can allow the property to be distributed or managed according to your instructions, even after your death. Another difference between these estate planning tools is that a last will becomes a public document when it filed as part of the probate process. Living trusts aren't typically required to go through probate or be filed, so therefore, the property they contain and the parties involved can remain private. If you own real estate in more than one state, living trusts can also avoid having to undergo multiple probate procedures in different states.

US Legal Forms has top quality, state-specific living trust forms that can be easily completed from the convenience of your own computer. Completed samples of a living trust and free previews are also available.

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Tips for Preparing Why Living Trust Forms are Important for Anyone

If you decide to use a Why Living Trust Forms are Important for Anyone to pass on your assets, you’ve most likely already compared a living trust vs. a will to figure out all the differences between them. Even so, here are some tips to help you prepare the documents as easily, painlessly, and accurately as you can.

  1. Assign roles. There are actually three roles that you need to use in your living trust form: grantor (you), beneficiary (heir/heiress), and trustee (executor). You are able to be an executor and continue to deal with all of the property and belongings.
  2. Produce a list of assets. Decide on the things you desire to pass to your beneficiaries. As an example, you can add income and brokerage accounts, stock and bonds, personal property, and so on. Additionally, you can put money that someone owes you and add more specific guidelines if you want to distribute cash to a minor.
  3. Include one more trustee. In case you are both a grantor and trustee, you need to add a successor trustee. In the event of your incapacity, death, or illness, the successor will continue to handle your property based on your preferences. Generally, your executor has all privileges and responsibilities as you do; in exception, they can't revoke the trust.
  4. Gather papers. Planning a Why Living Trust Forms are Important for Anyone is always a great deal of forms. You need to gather all paperwork like stock certificates or life insurance policies to prove your legal rights to transfer them. Your living trust lawyer won't pass on your assets and ownership without your help.

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