Delaware Trust Forms - Living Trust Delaware

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Delaware Trust FAQ Delaware Trusts

What is a Trust? A Trust is an entity which owns assets for the benefit of a third person (beneficiary). A Living Trust is an effective way to provide lifetime and after-death property management and estate planning. When you set up a Living Trust, you are the Grantor; anyone you name within the Trust who will benefit from the assets in the Trust is a Beneficiary. In addition to being the Grantor, you can also serve as your own Trustee (Original Trustee). As the Original Trustee, you can transfer legal ownership of your property to the Trust. This can save your estate from estate taxes when you die. Just remember that it does not alleviate your current income tax obligations.

What is an Irrevocable Trust? A trust created during the maker's lifetime that does not allow the maker to change it. 

What is a Revocable Trust? A trust that can be amended and revoked, usually by the person who established the trust. This trust may become irrevocable and unamendable when the only person who can amend or revoke the trust dies or becomes incompetent.

What is a Living Trust? 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. 


Tips for Preparing Delaware Trust Forms

Legal terminology is extremely confusing and puzzling. To learn the ins and outs, you have to get a heavy dictionary, spend hours studying online, or talk to a lawyer. If you are planning Delaware Trust Forms, the quick definitions below will come in handy and save effort and time.

  1. A grantor is you or the one who creates Delaware Trust Forms. This position can even be called the trustor. To put it briefly, this person determines on what conditions they pass their property.
  2. A corpus of a file is assets that a grantor transfers by using an irrevocable or revocable trust. Utilizing Delaware Trust Forms, you can hand over property, personal property such as a bike, jewelry, boats, bonds and stocks, and items without having a title like a stamp collection.
  3. A trustee is an individual who manages the assets. You could be a trustee if you like and maintain your affairs in order. However, you need to put in a successor trustee to trust files who can dispose of your estate in case of your incapacity or death.
  4. According to the terms of the trust agreement, beneficiaries are individuals who receive all the belongings that the grantor provided. Typically, the beneficiaries are the children or family members of the trustor, but this is not necessary.

What is a Revocable Living Trust?

A revocable living trust is a legal arrangement that allows you to set aside your assets and property during your lifetime, and dictate how they will be managed and distributed after your death. It is called "revocable" because you have the flexibility to make changes or even dissolve the trust while you are alive. By creating a revocable living trust, you can avoid probate, which is the court-supervised process of distributing assets after death. In Delaware, a revocable living trust can be used to transfer your property and assets to your beneficiaries without the need for probate, ensuring a smoother and faster transfer process. It provides a private and efficient way to manage and distribute your estate, with more control and flexibility compared to traditional wills.


The Difference Between a Revocable Living Trust and Irrevocable Trust

In Delaware, a revocable living trust and an irrevocable trust are two different types of legal arrangements that help protect and distribute your assets. The key difference between them is the level of control and flexibility you have over your assets and the trust itself. A revocable living trust allows you to retain control and ownership of your assets during your lifetime, and you can make changes or revoke the trust if needed. It offers flexibility and can be an effective tool for estate planning. On the other hand, an irrevocable trust cannot be changed or revoked once it is established. Once assets are transferred into an irrevocable trust, you no longer have ownership or control over them. However, it provides more tax benefits and asset protection, making it a useful option for long-term planning and ensuring the assets are protected for future generations.


Why Do I Need a Trust?

You may need a trust in Delaware to protect your assets and ensure their safe distribution to your loved ones in the future. A trust is a legal arrangement where you transfer your assets, like property or money, to be managed by a trusted person or entity known as a trustee. This trustee will follow your instructions on how to distribute these assets to your beneficiaries, or the people you want to benefit from your trust. By creating a trust, you can avoid probate, which can be a lengthy and costly legal process. Trusts also provide privacy as they do not become part of the public record like a will does. Delaware has advantageous trust laws, making it a popular choice to establish a trust. These laws offer flexibility in setting up trust structures, tax benefits, and asset protection features. So, creating a trust in Delaware can offer peace of mind, protection, and efficient management of your assets for the benefit of your loved ones.


Should I set up a revocable living trust?

Setting up a revocable living trust in Delaware can be a smart move to consider. With a revocable living trust, you have the flexibility to maintain control over your assets during your lifetime while also ensuring a smooth transfer of those assets upon your passing. By establishing a trust, you can avoid the time-consuming and costly process of probate, where the court oversees the distribution of your assets. This can help protect your loved ones from potential delays and expenses. Additionally, a revocable living trust allows you to maintain privacy as the details of your assets and beneficiaries remain confidential. It's always a good idea to consult with an attorney to determine if a revocable living trust aligns with your specific circumstances and goals.


Living Trust Laws – by State

Living trust laws vary by state, including in Delaware. Basically, a living trust is a legal agreement where you place your assets in a trust while you are alive. This can be helpful when it comes to managing your belongings and passing them onto your loved ones after your death. In Delaware, the laws regarding living trusts are governed by the Delaware Trust Act. This act provides rules and regulations for establishing and managing living trusts in the state. It's important to understand that each state may have its own specific laws and requirements for living trusts, so it's wise to consult with a qualified attorney familiar with Delaware's laws if you are considering creating a living trust in the state.