Frequently Asked Questions (FAQs)
Living Trust
What are the basic provisions of a living trust?
- The creator of the trust is usually referred to as the trust Settlor or Trustor, or, in the case of a husband and wife trust, as the Settlors or Trustors.
- Typically, the Settlor appoints himself or herself as the initial Trustee, or manager, of the trust assets. Similarly, a married couple typically appoint themselves as the initial Trustees of the trust.
- The trust should also name one or more Successor Trustees, to serve upon your death. The Successor Trustee also serves if you become incapacitated. Generally, the Successor Trustee serves without court involvement or oversight.
- Most trusts we prepare for a husband and wife provide that upon the death of one spouse, all trust assets pass to the surviving spouse. However, for some couples, a trust with "A/B" provisions, which require the creation of a bypass trust when one spouse dies, may be appropriate.
- Finally, the trust names the beneficiaries who inherit the trust assets upon your death. You should also name contingent beneficiaries in case any of your primary beneficiaries die before you.
Search FAQs
FAQ Categories
- Living Trust
- Living Trusts and Probate
- Funding a Living Trust
- Bank Accounts
- Powers of Attorney
- Conservatorships and Guardianships
- Alternatives to Conservatorships and Guardianships
- Medicare and Medi-Cal (Medicaid)
- Probate
- Taxes
- Disqualified Beneficiaries
- Joint tenancy, Community Property, Domestic Partnerships