Will And Trust

Will and trust documents are often created at the same time. This is because a person may wish to separate certain assets from the estate so that they do not become part of the probate process. A trust offers an easy way to set aside funds, property, or other valuable items in a special account. The person creating a living trust (the grantor) can continue to control and benefit from these assets by naming him/herself the trustee and beneficiary. When the grantor is deceased the assets in the trust pass directly to one or more successor beneficiaries.

A will can be used to detail how items not placed in the trust are distributed. This is useful for determining who will receive items that have sentimental value rather than monetary value. The will is also the appropriate document for outlining other last wishes. For example, the testator (the person making the will) may list where he/she wishes to be buried and the financial account from which funeral expenses should be paid. An executor can be named in the will to make sure that all probate matters are handled by someone the testator trusts.

Fast Facts

  • A testamentary trust is one that becomes active when a will is probated.
  • The property transferred into a trust is called the "trust corpus" or the principle.

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  • What Is A Deed of Trust?

    This is the mortgage document. It is recorded among the land records, and your lender will keep the original. ...
    • Site: realestatelawyers.com
  • What is a Spendthrift Trust?

    A spendthrift trust is specifically designed to benefit one or more beneficiaries, while at the same time prot...
    • Site: willsandtrustslawfirms.com
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  • What is an Irrevocable Trust?

    A grantor, or the person who wishes to establish a trust, creates an irrevocable trust when he or she executes...
    • Site: willsandtrustslawfirms.com
  • What is a Resulting Trust?

    A resulting trust is created by operation of law, usually when an express trust fails.  For instance, if a set...
    • Site: willsandtrustslawfirms.com
  • What is a Testamentary Trust Will?

    A testamentary trust will operates in conjunction with one or more trusts that you create, by generally provid...
    • Site: willsandtrustslawfirms.com

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