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Commonly Asked Questions about Legal Trust Documents for Parents

The trust deed is the primary piece of documentation needed to establish a trust, but additional documents can help to better protect your assets and held the trustee gain or limit their power in the future.
The one establishing a trust is called the trustor or grantor. The one who oversees and manages the trust is called the trustee. In a revocable trust, the trustor may control the trust as well, but in an irrevocable trust, the trustee must be somebody else.
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.
You first need to set up a trust to obtain a trust certificate. You may want to work with an estate planning attorney to do so. There are also online estate planning services and software tools you can use to set up a trust. While creating the trust, ask the provider if they can give you a certificate.
Your parent, alone (not including their spouse), is the sole grantor. Next, your assigned trustee to manage the assets, and finally, the beneficiaries who will receive them. Once you have the roles assigned and the necessary paperwork, the last step is to complete the trust document ing to your states laws.
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.
An irrevocable trust could be a good option for people 65 and older who are Medicaid-eligible because it protects the elderly individual from having to dispose of their assets in order to qualify for Medicaid or nursing home care.
With that said, revocable trusts, irrevocable trusts, and asset protection trusts are among some of the most common types to consider.