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Frequently Asked Questions

  • What is a revocable living trust?
A revocable living trust is an arrangement under which one person, called a trustee, holds legal title to property for another person, called a beneficiary. You can be the trustee of your own revocable living trust, keeping full control over all property held in trust.  A revocable living trust is simply a trust you create while you're alive.  Different kinds of revocable living trusts can help you avoid probate or set up long-term  property management.


  • What is a trustee?
A trustee is a legal term for a holder of property on behalf of a beneficiary. A revocable living trust can be set up either to benefit particular persons, or for any charitable purposes.  In all cases, the trustee may be a person or company, whether or not they are a prospective beneficiary.


  • What is a beneficiary?
A Beneficiary is the person or persons who are entitled to the benefit of any trust arrangement.  


  • Why should I make a revocable living trust?
The most significant advantage of drafting a revocable living trust is that property left through the trust doesn't generally have to go through probate court. In a nutshell, probate is the court-supervised process of paying your debts and distributing your property to the people who inherit it.

Did you know that the average probate process can drag on for months, and possibly even years, before the heirs receive anything? 

  • How does a revocable living trust avoid probate?

Property you transfer into a revocable living trust before your death doesn't generally go through probate. The successor trustee -- the person you appoint to handle the trust after your death -- simply transfers ownership to the beneficiaries you named in the trust. In many cases, the whole process takes only a few weeks, unlike a will, which could take several months or years.  When all of the property has been transferred to the beneficiaries, the revocable living trust ceases to exist.


  • Is a revocable living trust document ever made public, like a will?

No. A will becomes a matter of public record when it is submitted to a probate court, as do all the other documents associated with probate -- inventories of the deceased person's assets, holdings, and debts.  The terms of a living trust, generally, need not be made public.


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