How to Create a Legal Trust

By David Carnes

A trust is a legal instrument that is useful for tax and estate planning. Under a trust arrangement, a trustee manages assets you transfer to the trust for the benefit of beneficiaries you select. You retain only indirect control over trust assets – the trustee must dispose of the assets as you direct in the trust deed that creates the trust. A trust is fairly simple to create, although it is prudent to have a lawyer look over the trust deed before you sign it.

Step 1

Appoint a trustee and an alternate trustee and obtain their consent to their appointments. The trustee need not be an individual – banks and trust companies often act as trustees for a small fee.

Step 2

Select at least one beneficiary. The beneficiary might be a relative, a friend or a charitable organization. The beneficiary need not consent, and he doesn't even have to know he has been named a beneficiary of the trust.

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Step 3

Draft the trust deed in duplicate. The trust deed should name the trust (the “John Doe Trust Fund,” for example), name the trustee and his alternate, name the beneficiaries, state whether the trust is revocable or irrevocable and instruct the trustee on how to distribute the trust assets. You might also list the initial assets of the trust. You may have the trustee distribute trust assets to beneficiaries in a lump sum or in periodic installments. You may give the trustee the authority to invest trust assets and distribute only profits to the beneficiaries, or you may allow the trustee unfettered discretion to distribute trust assets for the benefit of the beneficiaries.

Step 4

Sign the trust deeds, and have the trustee sign them, in the presence of a notary public. Keep one copy and deliver the other copy to the trustee.

Step 5

Transfer assets to the trust. If you donate cash, open a bank account in the name of the trust and deposit the cash into it. If you donate titled assets such as real estate or automobiles, change the name on the title to the name of the trust. If you donate untitled assets, transfer them to the control of the trustee – place jewelry in a safe deposit box, for example, and deliver the key to the trustee.

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How to Change the Trustee of an Irrevocable Trust

References

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How Do You Remove the Executor of a Living Trust?

The executor of a living trust, normally known as the trustee, is vested with the power to administer trust assets on behalf of the trust beneficiaries in conformity with the terms of the trust deed. The ease with which he can be removed from his position depends on a number of factors, including whether the trust is revocable or irrevocable.

Can I Change a Successor Trustee Without a Lawyer?

A successor trustee of a trust is the party appointed to replace the trustee named in the original trust deed. There are a number of ways to replace a successor trustee and none of them absolutely require that you retain a lawyer. Keep in mind that state laws vary somewhat on the process of replacing a successor trustee.

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