Wills and Living Wills Article

Revocable Living Trust

A trust is a contract between yourself as the Trustmaker/Grantor/Settlor/Trustor and yourself (typically) as Trustee (the person that manages the trust). You can change or revoke the trust at any time that you have capacity.

You can specify who determines your disability. You can set out the terms of the trust to handle distribution while you are alive and well, alive and disabled, and not alive. The trust handles both disability and providing for your beneficiaries. You can set the terms for how and when your beneficiaries receive assets from the trust. If the beneficiary has disabilities, a special needs trust may be appropriate.

You may want assets held in trust for a minor beneficiary. If a beneficiary is going through bankruptcy or has creditor issues, you may want to draft the trust so that the beneficiary cannot demand the money from the Trustee. Sometimes trusts are set up to provide protection in event of divorce (if the beneficiary receives the money outright and then commingles it with spouse, it can be hard to trace what is left, if anything, if the inheritance and amounts not traceable are included in what is divided in the divorce).

Consult an estate planning attorney to review your goals/wishes and the various options in this area.

Make sure you properly fund your trust after signing it and review all beneficiary designations to make sure they meet your wishes. It will be frustrating for your Trustee to not only have to do the trust administration but also the probate because you “forgot” to change title on an asset into your trust.



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  • My father passed away 10/22/13. He had a Revocable Family Trust, I was listed as a cotrustee. I was promised a copy of the trust several times but haven't seen it yet. If wife of 7 or 8 years is refusing to let me see it and says it will now be changed and if there's anything left when she passes we'll get then. Is she required by law to give me a copy of the trust now? Don't I have a right to see what the trust says on the day of my father's death? Please advise.
  • I need info pertaining to my rights power of attorney for my father and how to keep ex-stepmother from getting his pension.
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  • can a mother say she had no children in a last will and testament if she does. Then state that no one of her lineage can contest the will?


  • If you get a divorce, make sure your date of birth is on the Decree if your name is changing!. . .
  • I just helped my mother, age 89, deal with her Medicare HMO. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .




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