Living Trust

A living trust is a legal entity that holds and manages your assets during your lifetime and can seamlessly transfer them to your chosen beneficiaries after your death. Unlike a last will and testament, which takes effect after death and must pass through the probate process, a living trust operates while you are alive and can simplify the distribution of your assets, making it an attractive option for estate planning.

There are many different types of Trusts and each of them have their own unique benefits and drawbacks. There are tax, liability, and other estate planning considerations that need to be made. A trust can either take effect during a lifetime (inter vivos or living trust) or upon death of the settlor (testamentary trust). A living trust can be created to be either revocable or irrevocable and generally contain the following parties:

1. Grantor/Settlor: The person who establishes the trust, transfers assets into it, and may or may not retain control over the trust during their lifetime.

2. Trustee: The individual or entity responsible for managing the trust assets according to the grantor’s instructions. In some cases, the grantor serves as the initial trustee, with a successor trustee named to take over upon incapacity or death.

3. Beneficiaries: The individuals or entities who will receive the trust assets upon the grantor’s passing or as specified in the trust document.

4. Trust Assets: Assets such as real estate, bank accounts, investments, and personal property that are transferred into the trust.

A living trust is a valuable estate planning tool that offers advantages such as probate avoidance, privacy, control, and efficient asset distribution. When considering estate planning, consult with an attorney to determine if a living trust aligns with your objectives and financial situation. As mentioned, through careful planning and proper establishment, a living trust can be a powerful tool for preserving your legacy and ensuring the orderly transfer of your assets to your loved ones.

Disclaimer

The material in this post represents general information and should not be deemed legal advice. Any use of the website DOES NOT create or constitute an attorney-client relationship between German American Real Estate & Immigration Law Center, LLC (law firm) or any employee of or other person associated with the law firm and a user of this website. It is intended as an educational resource for
understanding the laws. Since the law is continually changing, some parts of this website may become outdated  retention application.