Creating Your Trust: Your Guide To Planning Ahead
Trust(s) Information Hub
A trust is a legal tool that helps you manage and distribute your assets according to your wishes, both during your life and after your death.

Key Things To Know
A trust is a legal arrangement that allows you to transfer assets to a trustee to manage on behalf of a beneficiary. Trusts can help avoid probate, protect privacy, and provide greater control over how and when your assets are distributed.
- There are many types of trusts, but all involve three key roles: The person who creates the trust (the grantor), the person or institution that manages the trust (the trustee), and the person who benefits from it (the beneficiary).
- Revocable living trusts are the most common type used in estate planning: They allow the grantor to retain control during their lifetime and can be changed or revoked at any time. After death, the trust becomes irrevocable and bypasses probate.
- Irrevocable trusts offer more protection, but less flexibility: Once established, these cannot be changed easily and are often used for tax planning, asset protection, or Medicaid eligibility strategies.
- Trusts help avoid probate court: Assets in a trust pass directly to beneficiaries without going through the court system, which can save time, legal fees, and stress for your loved ones.
- Trusts can provide privacy: Unlike wills, which become public during probate, trusts are private documents and keep details of your estate and beneficiaries confidential.
- You can include detailed instructions in a trust: For example, you can delay inheritance until a certain age, provide for a loved one with special needs, or set conditions for how money is used.
- A trust only controls assets that are properly titled in it: Simply creating a trust is not enough—you must retitle bank accounts, real estate, and other property in the name of the trust.
- Trusts can be useful for blended families or second marriages: They allow you to support a surviving spouse while ensuring assets are ultimately passed to children from a previous relationship.
- Trusts can reduce estate taxes in some situations: Especially for high-net-worth individuals, certain types of trusts can help minimize federal or state estate taxes.
- Working with an attorney is usually recommended: Trusts are powerful tools, but they must be set up correctly to work as intended and to comply with state laws.
How To Create A Trust
Creating a trust involves complex legal requirements, so it's not recommended to do it on your own. Instead, consider using an online service or consulting with a lawyer to ensure your trust is set up correctly. Both options provide the necessary expertise to navigate the intricacies of trust creation, helping to safeguard your assets and meet your specific goals.
Create A Trust With A Lawyer's Assistance
Working with a lawyer provides personalized legal advice and ensures that your trust is legally sound and tailored to your specific situation.
Create A Trust With An Online Services
Working with a lawyer provides personalized legal advice and ensures that your trust is legally sound and tailored to your specific situation. This option is ideal for those with complex estates, large assets, or unique family situations. While it may be the most expensive option, the peace of mind and comprehensive legal guidance can be invaluable.
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Key Considerations When Creating A Trust
Consider the following factors when creating a trust:
- 1
Types of Trusts Needed: Identify the specific types of trusts you require, such as revocable trusts, irrevocable trusts, special needs trusts, or charitable trusts. Different trusts serve different purposes and may require varying levels of legal expertise.
- 2
Complexity of Your Estate: Evaluate how intricate your estate is, including the types and value of your assets, and any special considerations such as multiple beneficiaries or specific stipulations.
- 3
Legal Expertise Needed: Determine the level of legal expertise required to ensure your trust is correctly established and complies with state laws and regulations.
- 4
Cost: Consider the cost of using an online service versus hiring a lawyer. While online services are generally more affordable, a lawyer can provide personalized guidance and mitigate potential legal issues.
- 5
Customization: Assess how much customization your trust requires. Online services may offer templates for basic trusts, whereas a lawyer can tailor the trust to your specific needs and preferences.
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Frequently Asked Questions
Disclaimer: The information provided on this website and by Buried in Work is for general informational purposes only and should not be considered legal advice. Please consult with a qualified attorney or subject matter expert for advice specific to your situation.