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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 control your assets and designate beneficiaries while you are alive.
No, it is not necessary to hire a lawyer to create a living trust in Hawaii. However, consulting with an attorney can provide valuable guidance and ensure legality.
Creating a living trust without a lawyer can be cost-effective, as you won't incur legal fees. It also allows you to have more control and privacy over your estate planning decisions.
While it is possible to create a living trust without a lawyer, it's important to ensure that the document is properly drafted to avoid any potential legal issues or disputes in the future.
To create a valid living trust in Hawaii, you need to have the capacity to create a trust, clearly state your intentions, name a trustee, identify beneficiaries, and transfer assets into the trust.
Yes, you can serve as the trustee of your own living trust. It allows you to retain control over your assets and make changes as you see fit. However, you should also name a successor trustee who can manage the trust if you become unable to do so.
Transferring assets into your living trust usually involves changing the ownership or title of the assets to the name of the trust. This process may require appropriate paperwork or documentation, depending on the type of assets involved.
Yes, you can make changes to your living trust without a lawyer. These changes are typically made through an amendment or restatement, which should be executed in accordance with Hawaii state laws to ensure their legality.
Yes, a properly funded living trust can help you avoid probate in Hawaii. By transferring assets to the trust, they no longer go through the probate process upon your death, thus saving time and potential expenses for your beneficiaries.
While a living trust can cover the distribution of most of your assets, it's advisable to have a pour-over will as a safety net. A pour-over will ensures that any assets not included in the trust are transferred to it upon your death.
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