Estate Planning Explained: What Is a living trust?
A “living trust”, known as an “inter vivos” trust, is different from the kind of trust that only comes into being after a person dies. With a living trust, the person creating the trust, may appoint himself or herself as the trustee. That means you’ll manage, and benefit from, the assets contained in the trust throughout your life. You’ll also be able to name beneficiaries to inherit those assets after your death.
I believe that there are two main reasons to establish a living trust. First, it means that your estate will not have to go through the process of probate.
The second advantage to a living trust is that should you become incapacitated, control of your trust would pass to the person you have already selected as the Successor Trustee.
There are two categories of living trusts: revocable and irrevocable.
An irrevocable living trust means that you are transferring the ownership of your assets into the trust. You will name a trustee and the beneficiaries you wish to inherit the assets contained in the trust. And in this context, “irrevocable” means “unchangeable.” Once the trust is established, it can’t be altered or invalidated.
A revocable living trust gives you, as creator of the trust, control over your assets as well as the power to change or amend the terms of the trust.
As an experienced estate planning and probate attorney, I can walk you through each step of creating a living trust. When we meet, we would first talk through your present and future goals and needs in order to help you determine which kind of trust instrument would best meet your requirements. To set up a consultation, please contact us at 818.956.9200.
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