Living trust documents can serve many purposes, so whether you need it will depend on your reasons. Typically, this kind of paperwork is most popular among those with significant assets and over the age of 50. However, because of the advantages described above, it may also make sense for anyone. Trust Access Firm provides the professional packages of legal templates and high-level document preparing service. Benefit from the most simple way to manage your lawful documents online by booking an appointment with a Trust Advisor today.

Q: We just created a living trust. How do we put our house into the trust?

A: You may put the property in trust by creating a quitclaim or warranty deed transferring the real estate from the current owners to the trusted fund. To add belongings, the grantor(s) of the foundation create a real property deed with the grantee. The deed should be signed and recorded in the local recorder office where the house is located.

Q: Is there a type of living trust form that will stop a home foreclosure or bank auction?

A: If the foreclosure process has already been started, creating a trust will not be helpful for stopping the process. If a person knows that there is a pending claim by a creditor, and then makes a transfer of property to a fund, it may give rise to claims that are a fraudulent conveyance intended only to prevent creditors from collecting money owed out of the asset. If a claim of fraudulent conveyance is proven, the court can void the transferring and determine that the property is still actually in your ownership.

Q: My uncle is the trustee of our family trust, but he’s going through personal problems and due to the conflict going on, has ignored u sand hasn’t given the beneficiaries the trust income for a while now. What can be done?

A: Trustees are considered fiduciaries, which means they have a duty to follow the instructions detailed in the documents and act with the utmost care and loyalty toward the property. A trustee must act in the best interests of the trusted fund and not for personal benefit. For example, a trustee should not profit from or borrow against the foundation.

When a trustee doesn’t follow instructions or acts for personal gain, it’s called a breach of fiduciary duty. If the trustee is in breach of fiduciary duty, a lawsuit may be filed with the court, which may result in the replacement of the trustee by a successor or other measures being taken.

Q: I’m wondering if my wife and I create a living trust, will we need to file it at court so that the contents of the trust can be seen by anyone?

A: No, living trust forms are private allowing you to avoid probate filings like a last will. While you may wish to voluntarily have it on file in some instances, it’s not a mandatory requirement and therefore you can keep assets, debts, and choice of beneficiaries from being disclosed.

Q: How do I choose between a revocable living trust and an irrevocable living trust?

A: The answer will depend on your circumstances and your reason for wanting to make a trust agreement. To put it simply, when you are creating a trust, you still have some form of control. You can change or terminate the agreement, and creditors can arrest assets. Unlike an irrevocable trust, you waive all control rights, so lenders are less likely to claim you have ownership of the assets.

The grantor owes taxes on the income of revocable trusts and any trust property remaining when the grantor dies becomes part of the grantor’s taxable estate, unlike irrevocable trusts. Some examples of an irrevocable living trust include:

1. A Medicaid Income Trust (also called a Miller Trusts or Qualifying Income Trust) allows a person entering a nursing home to “spend down assets” to qualify for Medicaid. The terms of the trust document restrict how much income may be used for the benefit of the beneficiaries of the trust may

2. A Special Needs Trust (also called a Supplemental Needs Trust) protects minor children and adults with disabilities who rely on government benefits and need to maintain income eligibility levels while receiving other income, such as gifts and inheritances. Such trusts are often used to pay for things like education, recreation, counseling, and medical attention that exceed usual living expenses. In some cases the trustee can use trust property for basic necessities if the trust allows that discretion.

These examples of irrevocable living trust agreements restrict the use of and how much income a beneficiary of the trust may receive.

Q: How do I know if I can complete an online living trust?

A: Online living trust form templates may be used for various purposes, such as asset protection, reducing federal estate taxes and other taxes, avoiding probate of certain assets, protecting eligibility for government benefits, ensuring irresponsible heirs don’t waste inheritances, helping a charitable cause, and more. To save your time and money Trust Access Team offers you the best preparing service