Frequently Asked Questions (FAQs)

Living Trust

What is a living trust?

A living trust, also called an inter vivos trust, is a written declaration or agreement by which the signer creates a trust. A living trust is different than a testamentary trust which is created by the court, based on the decedent’s will, in a probate proceeding. The principal motivation for creating and funding a living trust is to allow the trust assets to be distributed upon the death of the settlor without the need for probate. (For an overview of probate, see answers to FAQ regarding probate.)

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