Q&A

Who executes a living trust?

Who executes a living trust?

A living trust is an estate-planning tool executed by the person forming the trust, or the grantor, and the trustee. Living trusts are popular choices because they allow an individual to pass assets to heirs without the estate going through probate.

How to settle a revocable trust after the Trustmaker dies?

The purpose of this guide is to provide a general overview of the six steps required to settle and then terminate a Revocable Living Trust after the Trustmaker dies. The first step in settling a Revocable Living Trust is to locate all of the decedent’s original estate planning documents and other important papers.

Who is the grantor of a revocable living trust?

A revocable living trust––sometimes simply called a living trust––is a legal entity created to hold ownership of an individual’s assets. The person who forms the trust is called the grantor or the trustmaker, and they also serve as the trustee of this type of trust in most cases, controlling and managing the assets they’ve placed there.

Who is the sole controller of a revocable trust?

A revocable trust allows the grantor to revise or revoke the terms of the trust at any time without any consent from its beneficiaries. The grantor is the sole controller of the trust allowing for a successor, if necessary.

What happens if a Trustmaker becomes incapacitated?

The trust agreement should also specify what happens if the trustmaker becomes mentally incapacitated and can no longer manage his affairs and those of the trust. The trust documents should name a “successor trustee,” someone to step in and take over management of the trust if the trustmaker is determined to be mentally incompetent.

The purpose of this guide is to provide a general overview of the six steps required to settle and then terminate a Revocable Living Trust after the Trustmaker dies. The first step in settling a Revocable Living Trust is to locate all of the decedent’s original estate planning documents and other important papers.

Who is the grantor of a revocable trust?

As the creator of a revocable trust, you are called the “grantor” or the “donor.” While you are alive, you are a beneficiary of the trust and can also serve as either the sole trustee or as one of a number of co-trustees.

Are there any tax advantages to a revocable trust?

Costs of maintaining a revocable trust are greater than other estate planning tools such as a will. A revocable trust does not offer the grantor tax advantages. Since not all assets will be included in the revocable trust, the grantor must create a will to designate beneficiaries for the remaining assets,…

Can a revocable trust be a sole member of an LLC?

A revocable trust is a living trust that can be terminated at any time by the grantor, that is, the person who created the trust. The grantor may withdraw assets from the trust, and the assets can be managed for the benefit of the grantor.