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A trust is created by a settlor, who transfers title to some or all of his or her property to a trustee, who then holds title to that property in trust for the benefit of the beneficiaries.
Trust property refers to assets that have been placed into a fiduciary relationship between a trustor and trustee for a designated beneficiary. Trust property may include any type of asset, including cash, securities, real estate, or life insurance policies.
The trustee is the person who owns the assets in the trust. They have the same powers a person would have to buy, sell and invest their own property. It's the trustees' job to run the trust and manage the trust property responsibly.
In this article: A living trust is a type of estate planning tool that allows you to transfer ownership of your assets to a separate fund while you're still alive.In some circumstances, you can use a living trust to protect money you owe to creditors.
A trustee typically cannot take any funds from the trust for him/her/itself although they may receive a stipend in the form of a trustee fee for the time and efforts associated with managing the trust.
A living trust does not protect your assets from a lawsuit. Living trusts are revocable, meaning you remain in control of the assets and you are the legal owner until your death.
Legally your Trust now owns all of your assets, but you manage all of the assets as the Trustee. This is the essential step that allows you to avoid Probate Court because there is nothing for the courts to control when you die or become incapacitated.
When they pass away, the assets are distributed to beneficiaries, or the individuals they have chosen to receive their assets. A settlor can change or terminate a revocable trust during their lifetime. Generally, once they die, it becomes irrevocable and is no longer modifiable.
Select the type of trust that best suits your current situation. Take inventory on your property. Select your trust's trustee. Create a trust document. Sign the trust document in front of a notary public. Fund the trust by transferring property and assets into it.