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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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Living Trust Minor Interesting Questions
The purpose of including a trust for a minor child in a will is to ensure that their assets are managed and protected until they reach a certain age or milestone, as minors cannot legally manage or access significant assets themselves.
Any individual who is of sound mind and over the age of 18, referred to as the 'testator,' can create a trust for a minor child in Pennsylvania by incorporating it into their will.
The key parties involved in a trust for a minor child are the testator (the person creating the trust), the trustee (responsible for managing the assets in the trust), and the beneficiary (the minor child for whom the trust is established).
Absolutely! You have the flexibility to appoint any responsible and trustworthy individual or institution as the trustee of the trust for your minor child, even if they are not the child's parent.
The trust for a minor child takes effect upon the death of the testator. It is implemented as per the instructions outlined in the testator's will and after it goes through the necessary legal processes.
Various assets can be included in a trust for a minor child, such as cash, investments, real estate, life insurance policies, and personal belongings. It is advisable to consult with an attorney to understand the specific laws and regulations governing trust assets in Pennsylvania.
The named guardian in the will is responsible for the physical custody of your child, while the appointed trustee manages the assets in the trust. These roles can be assigned to different individuals based on what you believe is in the best interest of your child.
The age at which the child can access the trust assets is typically stated in the will. It can be a specific age (e.g., 21) or linked to certain milestones (e.g., graduating college). The testator can decide the appropriate age or milestone based on their intentions.
Yes, the terms of the trust can typically be modified or revoked by the testator during their lifetime, as long as they retain their legal capacity to do so. It is recommended to consult with an attorney to ensure compliance with Pennsylvania laws and proper documentation of any changes.
If the testator does not create a trust for their minor child in the will, the child's assets may be transferred directly to them upon reaching the age of majority (usually 18 in Pennsylvania). This may not be ideal if the child needs guidance or protection for managing significant assets at a young age.
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