Revocable Living Trusts
are a method of settling an estate that offers these advantages:
• Master titling of all assets that refers
to a list of “who gets what” at your death
• Lifetime control of your assets
• At death, assets are transferred quickly as in joint
titling
• Works for you during your lifetime by providing specific
instructions to manage your assets should you become incapacitated
• Escapes the probate process
• Can reduce taxes
• Can lower costs of estate settlement
A trust is a written set of instructions that directs how
your assets are to be managed during your lifetime and how they
are to be distributed at your death. When you establish a trust,
assets are titled in the name of a trust and a trustee holds
assets for your benefit.
As the grantor or maker of the trust, you enjoy all the benefits
of ownership such as the right to change or terminate the trust,
fire the trustee, and to add or remove assets from the trust.
Titling assets in the name of the trust is important since only
the assets in the trust’s name will escape probate.
It is important to remember that you do not lose control by
titling assets in the name of the trust. You decide who acts
as your trustee and how much power they should have. Often,
you can increase control over assets by establishing a trust.
For example, a trust can contain a provision that details how
your assets should be managed in case you are incapacitated.
This is different than a Power of Attorney that lists powers,
but does not give your Attorney in Fact any direction.
Assets that can be titled in the name of your trust include
real estate, stocks, bonds, bank accounts and mutual funds.
For your trust to work for you, assets must be titled in the
name of the trust during your lifetime.
This information is not designed, meant, nor
does it constitute the rendering of legal advice. You should
consult with an attorney and tax advisors before implementing
any strategy discussed here. |