Living Trust for Individual Who is Single, Divorced or Widow (or Wwidower) with Children - Oregon 2025

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by entering the date at the top of the form. This is crucial as it marks the official start of your trust.
  3. In Article I, specify the name of your trust. This should be a unique title that reflects your intentions.
  4. Proceed to Article II and fill in your personal details as the Trustor, including your address and information about your children who will be beneficiaries.
  5. In Article III, appoint yourself as Trustee and designate any Successor Trustees if necessary. Ensure you provide their names clearly.
  6. Move to Article IV to list all assets included in the trust. Attach Schedule A detailing these assets for clarity.
  7. Review Articles V through XII carefully, ensuring all powers and provisions align with your wishes regarding asset management and distributions.

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Under typical circumstances, the surviving spouse would become the sole trustee after the death of one spouse. The surviving spouse would control the shared property, and the personal property of the deceased spouse would be distributed to the beneficiaries.
Can I create my own living trust in Oregon? Yes, you can create your own revocable living trust. However, if your estate is large or complex, it may be a good idea to consult with an attorney. Professional advice ensures that your trust is set up correctly and follows Oregon law.
Having the accounts in your trust will help if you become incapacitated. (2/3 of Americans will be incapacitated for some time in their lifetime). Banks are much more hesitant to honor powers of attorney today. I have never had hesitation from a bank to honor a successor trustee during incapacity.
A revocable living trust will not protect your assets from a nursing home. This is because the assets in a revocable trust are still under the control of the owner. To shield your assets from the spend-down before you qualify for Medicaid, you will need to create an irrevocable trust.
Individuals may find it challenging to keep up with the constant updates and changes required, leading to potential confusion and complications down the line. Another aspect that draws complaints is the impact of transfer taxes and the need for refinancing when assets are transferred into a living trust.

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There are several types of assets that should not be included in trusts for various reasons: Individual retirement accounts (IRAs) and 401(k)s. Health savings accounts (HSAs) and medical savings accounts (MSAs). Life insurance policies. Certain bank accounts. Motor vehicles. Social Security benefits.
Accounts such as a 401(k), IRA, 403(b) and certain qualified annuities should not be transferred into your living trust. Doing so would require a withdrawal and likely trigger income tax.

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