A revocable living trust is a powerful estate planning tool that allows someone to provide a set of detailed instructions about how they want certain assets to be treated – both during life and at death.
An attorney for wills and trusts can talk to you about your needs and advise you on what type of trust provisions may be able to address them.
To understand what a revocable living trust is, it is important to understand the foundation of trusts generally. A trust is a legal arrangement in which you, the grantor, or person making the trust, instruct the trustee that you name to manage the trust assets for the benefit of the designated beneficiary.
In some trusts, you may have all three roles as the grantor, trustee, and primary beneficiary.
The trust assets can be managed for your benefit during your lifetime. This allows you to develop an estate planning tool with the help of a revocable living trust attorney that plans for what you want to happen to your assets after your passing, as well as to provide you with some safety in the event of incapacitation.
As the person making the trust, you get to say how you want the trust assets used. If you encounter a medical issue, you can provide in the trust document that trust funds will be used for your health and general welfare.
A revocable trust is one that you are free to revoke or modify at any time. Having a revocable living trust in place allows you greater flexibility because you can change the instructions of the trust if an unforeseen need arises. Revocable trusts become irrevocable at the time of your death, and the successor trustee follows the instructions in the trust document regarding your property.
Your trust may instruct the trustee to pay for the health, education, and general welfare of your beneficiaries as needs may arise, to give lump-sum distributions at certain ages, or to provide for beneficiaries in another manner that you designate in your trust.
In addition to the greater degree of control and flexibility that revocable living trusts provide, another major benefit is that you can avoid the probate process by using a trust. Probate is concerned only with the assets that you own personally in your own name at the time of your death. When you place assets in the trust, the trust – not you personally – becomes the new owner of those assets.
The lawyers specializing in wills and trusts at Golightly, Mulligan & Morgan are dedicated to providing every client with personalized attention. They take the time to understand your needs and draft a trust that addresses them. They put our knowledge and experience to use by creating a customized document that ensure your wishes are carried out.