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This Living Trust form is a living trust prepared for your state. It is for a husband and wife with no children. A living trust is a trust established during a person's lifetime in which a person's assets and property are placed within the trust, usually for the purpose of estate planning. The trust then owns and manages the property held by the trust through a trustee for the benefit of named beneficiary, usually the creator of the trust (settlor). The settlor, trustee and beneficiary may all be the same person. In this way, a person may set up a trust with his or her own assets and maintain complete control and management of the assets by acting as his or her own trustee. Upon the death of the person who created the trust, the property of the trust does not go through probate proceedings, but rather passes according to provisions of the trust as set up by the creator of the trust.
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Interesting Questions
A living trust is a legal document that allows you to transfer your assets into a trust during your lifetime, with the flexibility to manage and distribute those assets as you desire.
It is not necessary to have a living trust solely based on your lack of assets in Hawaii. However, if you have assets in other states or wish to avoid probate, a living trust can still be beneficial.
Absolutely! You can create a living trust regardless of your residence. Living trusts are not confined to a specific location and can be utilized by anyone.
A living trust involves three main parties: the grantor (person creating the trust), the trustee (person responsible for managing the trust), and the beneficiary (person receiving the trust's assets). The grantor transfers ownership of their assets to the trust, and the trustee manages and distributes those assets as per the grantor's instructions.
A living trust offers several benefits, including the ability to avoid probate, maintain privacy, provide for the management of assets in case of incapacity, and potentially reduce estate taxes.
While it is not legally required to have an attorney, consulting with one is highly recommended. An attorney can guide you through the legal complexities of creating a living trust and ensure it aligns with your specific circumstances and goals.
The cost of creating a living trust can vary depending on factors such as complexity, attorney fees, and individual requirements. It is advisable to consult with an attorney to get an accurate estimate of the associated costs.
Yes, you can make changes to your living trust at any time. You can either amend the existing trust or create a new one to replace the old. Consulting with an attorney is recommended when making significant changes to ensure they are legally sound.
The choice of a trustee depends on your specific circumstances. You can appoint yourself or choose a trusted family member, friend, or even a professional trustee. Consider selecting someone who is reliable, organized, and capable of handling the responsibilities.
Upon your passing, the assets held in the living trust can be distributed to the beneficiaries as specified in the trust document. Since the trust avoids probate, the distribution can happen more quickly and privately compared to a will.
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