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Living Trust for Husband and Wife with Minor and or Adult Children - Illinois 2025

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The document is a Revocable Living Trust Agreement established in Illinois, outlining the terms under which the Trustor (a married couple) creates a trust for their benefit and that of their children. It details the appointment of trustees, management of trust assets, powers granted to the trustee, and provisions for distributions during the Trustor's lifetime and after their death. The agreement includes clauses on incapacity, amendments, and termination of the trust, ensuring that the Trustor retains control over the trust assets while providing for beneficiaries.

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How to use or fill out Living Trust for Husband and Wife with Minor and or Adult Children - Illinois

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Click ‘Get Form’ to open it in the editor.
Begin by entering the date of the agreement at the top of the form. This is crucial as it establishes when the trust becomes effective.
In Article I, specify the name of your trust. This can be a personalized title that reflects your family’s identity.
Proceed to Article II, where you will identify the Trustors (you and your spouse) and list your children as beneficiaries. Ensure all names are spelled correctly.
In Article III, appoint yourself and any successor trustees. Clearly indicate who will manage the trust if you are unable to do so.
Article IV requires you to list all assets included in the trust. Attach an Exhibit A detailing these assets for clarity.
Review Articles V through XII carefully, ensuring all powers granted to trustees align with your intentions for asset management and distribution.
Finally, sign and date the document in front of a notary public to validate your trust legally.

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We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

Does a living trust avoid probate in Illinois?

If creditors are not an issue, having your assets held in trust would avoid the entire probate process. This means that the trustee can begin making distributions shortly after your death.

Can a husband and wife have a joint living trust?

Joint trusts are a type of living trust created by two people (usually a married couple) that allows them to combine their assets into one trust. This approach can simplify estate planning, but it also has some drawbacks that should be considered.

What are the disadvantages of having a living trust?

If all your property is in trust when you die (or become incompetent), then legally you dont own anything in your name. This means, if you die, no probate (formal court administration of a decedents estate) is needed to pass your property on to your beneficiaries.

What is the best way to avoid probate in Illinois?

Creating a living trust is one of the most effective ways to avoid probate. By transferring your assets into a trust, you maintain control during your lifetime while ensuring those assets pass directly to your beneficiaries upon your death, without the need for probate.

Should you set up a trust for adult children?

Trusts can be useful if you have a large estate (millions) for tax planning, or if you want to control the money after death (minor child or financially irresponsible adult). If you have a modest estate and a responsible daughter, you probably dont need a trust.