A trust involves any arrangement by which legal title to property is transferred from one person to be administered by a trustee for another person's benefit. The elements of a valid trust are:
" A designated beneficiary.
" A designated trustee.
" A fund identified to enable title to pass to the trustee.
" Delivery by the settlor or grantor to the trustee with the intent of passing title.
A trustor executes a living trust during his or her lifetime. It can be revocable or irrevocable.
Anyone legally capable of holding title to, and dealing in, property can be a trustee. If a trustor does not name a trustee, or if a named trustee cannot or will not serve, a court can appoint one. A trustor may prescribe the trustee's powers and performance. State law applies only in the absence of such terms. A trustee must act with honesty, good faith, and prudence, and exercise loyalty toward the beneficiary. A trustee must keep clear, accurate accounts and furnish complete information to the beneficiary while keeping trust assets separate. A trustee pays an income beneficiary the net income of the trust. A trustee must distribute the risk of loss of the trust assets through diversified "prudent investments."
