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Video Guide on Legal Documents for Living Trusts management

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Commonly Asked Questions about Legal Documents for Living Trusts

How do trusts work? A trust is a fiduciary1 relationship in which one party (the Grantor) gives a second party2 (the Trustee) the right to hold title to property or assets for the benefit of a third party (the Beneficiary). The trustee, in turn, explains the terms and conditions of the trust to the beneficiary.
The 4 Biggest Mistakes Parents Make When Setting Up a Trust Fund Not choosing the right Trustee. Choosing the wrong Trustee is a common mistake parents make. Not being clear about the goals of the Trust. Not including asset protection provisions. Not reviewing the Trust annually.
The big keys you need to make a trust are: Intent to make a trust (California Probate Code section 15201); Mental Capacity to make a trust; A trust must have property (PC 15202) There must be a legal purpose to trust (PC15203) A trust must have a beneficiary (PC 15205)
The most important piece of trust documentation will be the trust deed. This agreement is, essentially, what creates the trust. Outlined within the trust deed will be key pieces of information like what properties or assets will be held within the trust and who the beneficiaries are.
Limited Asset Protection: While it provides privacy, a living trust may not shield assets from creditors or lawsuits as effectively as an irrevocable trust. Funding Challenges: Transferring assets into the trust can be overlooked or require constant updates as financial situations change.
ing to California Trust law: In order for a trust to exist there must be trust property. There must be a Grantor (sometimes referred to as a Settlor or Trustor). There must be a Trustee. There must be a Beneficiary. The Grantor and Trustee must both be legally competent.
Factors to consider in determining the governing law include the place of the trusts creation, the location of the trust property, and the domicile of the settlor, the trustee, and the beneficiaries. See Restatement (Second) of Conflict of Laws Sections 270 cmt. c and 272 cmt. d (1971).
Keep it safe, but accessible Some safe storage suggestions include a locked home safe or filing cabinet or a fireproof safe box in your home or office or in a safe deposit box as long as your successor trustee knows the location of the original documents and can get a hold of them after your death.