Determining if you need an attorney to create a trust is the first question to ask yourself in this process.
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updated November 21, 2023 · 4min read
A living trust is a legal entity that owns property you transfer into it during your lifetime. After your death, the trust distributes the assets to your beneficiaries.
A living trust is created with a trust document or instrument. You may be able to create this yourself, but it makes sense to work with an attorney to create your trust in some situations.
A living trust document must contain the following items to be valid:
A trust document doesn't need to be filed with the state. As soon as it's completed and executed according to your state laws, it is valid and in effect.
In many situations, it's possible to prepare your own trust document. To write your own trust document, be sure to do the following:
There are various situations in which it makes sense to see a living trust attorney for help with the creation of your trust.
A living trust is an excellent way to manage your assets during your life and ensure they are distributed to your beneficiaries after your death while avoiding probate and keeping your business private. Ensuring your trust is created and executed correctly will allow you to reap the benefits.
A living trust can be used to transfer property and assets to beneficiaries without going through the probate process. This can save years of time and thousands in fees. Also, it keeps your estate private, whereas a last will, once probated, will become public record.
People often use a last will and a living trust together. A last will can be used in conjunction with a living trust to name guardians for minors and express final wishes not otherwise captured in a living trust. See what kind of Living Trust products LegalZoom offers.
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by Brette Sember, J.D.
Brette Sember, J.D., practiced law in New York, including divorce, mediation, family law, adoption, probate and estat...
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