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Setting Up a Trust

Set up a living trust to avoid probate, hold property, reduce taxes or manage property and assets with these fully editable template Trust Agreements and related forms.

What is a living trust?

A living trust is one that is formed while you're alive (unlike a testamentary trust, which is created by your Will and does not exist until after your death). There are many different kinds of living trusts, and each has a specific purpose. Some are revocable (meaning they can be revoked after coming into effect) and some are irrevocable, meaning the terms of the trust cannot be changed once it becomes effective.

Should I make my trust a revocable trust or an irrevocable trust?

That depends on what the underlying purpose of the trust is to be. Any property you place in a revocable trust can be transferred out of the trust whenever you want, but property placed in an irrevocable trust cannot. That property now belongs to the beneficiaries of the trust. This is the most effective means of earmarking assets for the benefit of minor children. Once they're part of the trust estate, they cannot be used in any manner or for any purpose except those stated in the Trust Declaration. It's also a widely used method of avoiding US federal estate taxes and protecting assets from attachment by creditors.

GENERIC FORMS