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This form is a living trust form prepared for your state. 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, also known as a revocable trust, is a legal arrangement where an individual transfers their assets into a trust during their lifetime. The person creating the trust, referred to as the grantor, can still manage and control the assets while alive. After their death, the assets in the trust are distributed to the designated beneficiaries according to the terms specified in the trust document.
Yes, you can create a living trust in Oklahoma even if you don't have a spouse. The presence or absence of a spouse does not restrict an individual's ability to establish a living trust.
A living trust offers several benefits, such as avoiding probate, maintaining privacy, providing smoother asset management during incapacity, and allowing you to have greater control over the distribution of your assets after your death. It may also help reduce estate taxes and prevent disputes among heirs.
While it is not legally required to hire an attorney, it's highly recommended to consult with an experienced attorney when creating a living trust. An attorney can ensure that the trust document accurately reflects your intentions, complies with Oklahoma state laws, and addresses any specific concerns or objectives you may have.
To fund your living trust, you need to transfer ownership of your assets into the trust. This typically involves changing the title of assets, such as real estate, bank accounts, investments, and personal property, to the name of the trust. Certain assets, like retirement accounts, may have specific rules for transfer. Consulting with an attorney or financial advisor can help you properly fund your trust.
Yes, as the grantor of a living trust, you have the power to make changes or revoke the trust at any time while you are alive and mentally competent. You can amend or revoke the trust document by creating an amendment or drafting a new trust document, following the legal requirements of Oklahoma state law.
After your death, the assets held in your living trust will pass to the designated beneficiaries as outlined in the trust document. This transfer typically occurs without the need for probate, which means it can be faster and more private. It is essential to choose successor trustees who will manage the trust and distribute the assets according to your wishes.
While a living trust can cover most of your asset distribution wishes, it's common to have a pour-over will in addition to the trust. A pour-over will acts as a safety net to ensure any assets not explicitly placed into the trust are still distributed according to your intentions. Consult with an attorney to determine whether a pour-over will is suitable for your specific circumstances.
A living trust can be a valuable estate planning tool for many individuals, but it may not be necessary or appropriate for everyone. Factors such as the size of your estate, your specific goals, and the nature of your assets should be considered. Consulting with an attorney can help determine if a living trust is the right option for you.
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