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How to Set up a Living Trust

Member
By Cinda Roth
User-Submitted Article
(2 Ratings)

A living trust can provide for the management of your assets and help you eliminate probate and ease the transfer of your assets upon your death.

Difficulty: Easy
Instructions
  1. Step 1

    The first thing is to go online or to the bookstore and acquire the following forms: Durable Power of Attorney for Health Care, Durable Power of Attorney for Assets, Competency Clause, Nomination of Conservator, Guardianship for Minor Children (if you have or think there is a possibility that you someday may have children), and a living will. You will need to complete and include all of these documents in your living trust in most cases. Typically cities offer free legal guidance and information on completing the forms.

  2. Step 2

    The next step is to transfer all of your assets into the living trust. This is called funding. In many cases people try to include all their assets to minimize or avoid estate taxes and probate. As you are funding think closely to ensure that you include everything you want to.

  3. Step 3

    The next step in many states is to register your living trust. Please contact the state to determine if this is applicable to you. Additionally in some cases you may want to record the deed that transfers real estate to the trust. Typically to register a trust you do not need to put the entire living trust package on file. Instead you typically need to only file a state about the living trust with the coat. This statement typically includes the names of the grantors, names of the original trustees, acknowledgement of the trusteeship, and the date of the trust document.

Tips & Warnings
  • Please note that typically a trust can only be registered in one state at a time.
  • Please note that in some cases registration is allowed by not mandatory.

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