10 Provisions Every Revocable Living Trust Should Have
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- čas přidán 8. 01. 2020
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In addition to the concept of providing where your estate goes when you die, many want to do what they can to streamline the process of settling their estate. Many, in order to avoid the court and attorney interference required with probate, set up their revocable living trust, transfer assets to it, and designate a family member to disburse assets out of the trust to the heirs or beneficiaries.
The following is a list of ten provisions that should be considered when establishing your revocable living trust:
(1) A statement that the trust is revocable;
(2) A designation of trustee and successor trustee;
(3) A designation of income beneficiaries;
(4) A designation of principal beneficiaries;
(5) The trust term;
(6) A spendthrift clause;
(7) A provision dispensing the security requirement for the trustee;
(8) Consider a no contest clause;
(9) Make sure your trust is an authentic act; and
(10) An Extract of Trust.
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This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.
Paul Rabalais
Estate Planning Attorney
www.RabalaisEstatePlanning.com
Phone: (225) 329-2450
FOR FUTURE NOTE TAKING ONLY; (watch the video. A lot of good information inside)
1. State that the trust is ‘revocable’
2. Designate a trustee(s)
3. Desígnate who the income beneficiary will be.
4. Who are the principal beneficiaries?
5. The trust term. Make sure the trust gets completed, after you die.
6. Make sure you include a Spendthrift clause
7. Security provision for the trustee.
8. The no-contest clause
9. Make sure the trust is an authentic act
10. * An extract/summary of the trust
Content starts at 3:30
TY! I'm 70 yrs old; it gave me great comfort learning what I must do!
Thanks so much for this amazing video!
Thank you! I live in Arizona, but found this to be informative and concise.
Thank you for sharing this educational video!
I'm hooked on these videos
Hi Paul. I wanted to thank you for your vedios. They have helped me to understand how I want my legacy to be distributed to my grandchildren. I should have done this so long ago as I am 64 now buy it just took me this long to get it right and know what it's all about. I know many who have trust and they spent thousands only to not be protected have a trust. I have my appointment tomorrow to meet with my lawyer and I have all my papers and everything I need to put in my trust and I understand it all. Thank you so much for the peace of mind I have because of your informative and caring knowledge you share. Only thing I need is what to name my trust. Thank you
Thank you.
We have all 10 in our Trust. Good to know.
Thank you for an information~~~
You’re welcome~~~ 🤔
Thank you for sharing your knowledge and experience here. I am an attorney on the other side of the country, and I have been learning a lot from your good content. I also enjoyed the old reference to the college football championship at the end of this one!
Trust me trust is best !
Paul, I really appreciate your helpful videos regarding setting up Living Trusts. I never really understood the need for a trust until I started watching your videos. Oh my, was I foolish. My husband and I have a will, but had no idea the issue they would cause for our girls when we pas away due to probate guidelines. We now see the need to have a Living Trust and we are making plans to meet with a lawyer to get that set up as soon as possible. All the info you are providing through these videos is helping me to know what I need to have ready when we talk with the lawyer. Thanks so much for doing these and providing us with your years of wisdom, expertise and insight.
Alicia you are wise. I did not know of Paul's videos 10 years ago when I went to only one trust attorney who wound up really socking it to me. The more pages he set up the more it cost me. A tip I would like to suggest is find one who charges a flat fee and not an hourly fee where the clock just keeps ticking.
1:07 That’s good to know! I didn’t think about being charged per page. I will look for a flat rate!
Help seems so much
excellent series of videos on trusts. I faved them all.
....a question: to transfer real estate from an S Corp to a trust will a regular
quit claim deed suffice?
Scip to 3:30 minute
Paul, Thank you for all the information. Is changing the beneficiary of an asset to a "Transfer On Death" to the RLT a viable plan.
Paul, thank you for sharing such Essential information. I look forward to sharing your info with my family and friends.
Awesome PN 😃
@@americasestateplanninglawy1946 How much will a Revocable Trust cost for Completion...to setup.. ????
Sralaine 007 o-007 ???
Can you talk about finding a trustee when you don’t have a family member? My daughter is mentally ill and can’t manage her affairs once I am gone. Thank you
What do you do if a successor trustee purposely damages a property that they wanted but did not get, and is listed on a bigger property as a future successor trustee? The family just repaired the damages, and did not report it to law enforcement. Also, the same person who is an income beneficiary refuses to cash checks that they are entitled to have.
Paul, you have made no mention of an incapacity clause. For singletons that can be one of the main reasons for a revocable trust. Can you elaborate on the ins and outs of that, either here or in another video--or have I just missed that video? Thanks!
Thank you, Paul. I too, find your videos very helpful and interesting. My questions are: 1) Is there a difference between a revocable trust and a living trust? 2) Does the value of an estate bear any significance to whether or not a revocable trust is set up or necessary? 3) I have heard a lot about property theft due to quick claim deeds. Does a trust prevent access and protect your property deed? Thanks.
My mom died a year ago and my brother is trustee (and a lawyer ) and both my sister and myself found out after a year that she had a trust we thought that she had a will with her estate. I think he created this after she died he hates my sister. I took her to all her doctor appointments the last year of her life and she never mentioned anything about a trust . She had terminal cancer and had a clear mind up to the last week. I’m worried that he’s stealing money.
Are these provisions to be set at inception or can they be added anytime after the trust is set up. If the latter is possible would a signing before a notary public be required for each change? Thank you.
Thank You, Can I put a Special Needs trust inside of a Revocable Living Trust?
Extract is often called Certificate of Trust, right? One only need to give the Certificate to the bank, and the separate EIN number, correct?
How does it cost to set up living trusts
How do you 'actually' put your home or car or et al INTO the Trust? Do you just add a note?
Rule against perpetuities savings clause.
I hope to understand this right. What has priority: the will or the Revocable Living trust? Thank you for the wealth of information.
Trust
How are taxes handled when the grantor dies and the trust takes more than a year or two to wind up?
Does this work in Canada? My lawyer will not set one up for me. He claims it costs just as much as probate?
In maryland the bank told me I’m on the joint account but not an administrator on the account when my mom passed??? I think the register of wills needs to send that to me??
I tried to write a check to funeral home and it came back blocked or frozen.
So ok...Mom dies RTin will when dad dies RT then CRT is formed after both in will ..and die I got rid of will but not surre. Income beneficiary??
Ok. Sir I would like a living trust.
7 apartments, 3 houses.
Thank you.
After I set up a revocable trust and hopefully have everything covered, how much maintenance is there on the trust? If I decide to change provisions on it later, do I have to go through the legal process and pay the lawyer again and again and again every time I make a change?
Need to make changes with Attorney. Need to up date periodicly.
_
yes you do.
Once one of the grantors dies, it then becomes an irrevocable trust. If there are separate extended families, (children) and a provision for sub-trusts have been set up, survivor trust and exemption trust and you have to separate assets of the trust for their separate children, you must get a bank account to transfer the exemption trust funds into. What is the correct terms to put on the ss-4 to get a EIN # for the sub-trust bank account?
Is that true? For example if a husband and wife set up a living trust for their children only, and the husband dies, the wife can’t change it?
Can I set up a revocable trust that would be a trust with my son as trustee and when he dies my grandchild as trustee with contingent trustee's if they go first? Also can I put a clause in if I have dementia that the next trustee can take over while I am living?
I would like to put my Series LLC in a trust. Once it in there can I keep adding sub series to the LLC?
The LLC (series or not) is just OWNED by the trust. You can still be the manager (this would be a MANGER MANAGED LLC). Assuming your operating agreement allows the manager to create child series, that would continue.
Hi Paul, do u have 10 provisions for irrevocable living trust?
I cannot fix where to subscribe!😖
Principal Beneficiary is my Sibling, will her x spouse be entitled to any proceeds?
How can I insure that my children have an interest in my home after I am deceased .
I need advice me and my brother signed papers to make my uncle executor of the estate. My uncle will not give me any information on it none and Ikeep getting all these land lots I formation on some land in our names my brother me and my uncle...I think that we signed some kind of wave or something saying I wouldn't or couldn't ask for any info on the trust idk I just know my uncle has never treated me so bad it's been soo bad I'm dumbfounded. Maybe someone can help
As a trust beneficiary do I have the right to see the trust paperwork
I don't know where you live, but you most likely have a legal right to see a yearly accounting of the trust.
Grandmother still living, not deceased. Why would sister wear hat of trustee, preparing grandmother assets of selling house, now grandmother owes capital gains to Louisiana and Fed. Sister not planning to pay or file tax until after grandmother dies.
For asset protection, lawyers on CZcams said one can put any name as the name of the trust, for example is your name is Joe , you could name the trust as good humor revocable trust, how to prove it is Joe blow’s trust when the name is not in your own legal name?
C. X
Why do lawyers and government and courts think that they have to make money off every dang thing you inherited from a dead family member. Ppl are fking leaches
I am getting 8 million dollars what kind of place should place. Please contact nw
Can you talk about finding a trustee when you don’t have a family member? My daughter is mentally ill and can’t manage her affairs once I am gone. Thank you