Living Trust for Husband and Wife with One Child - Montana 2025

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by entering the date of creation at the top of the form. This is essential for establishing the trust's timeline.
  3. In Article I, specify the name of the trust. This should reflect your personal choice, such as 'The [Your Family Name] Revocable Living Trust'.
  4. Proceed to Article II and fill in the names of both Trustors (husband and wife) along with their address. Ensure accuracy as this identifies you legally.
  5. List your child’s name as the sole beneficiary under Article II, ensuring clarity on who will inherit.
  6. In Article III, appoint a Trustee. You can designate one or both Trustors as Trustees, along with a Successor Trustee if needed.
  7. Complete Article IV by detailing all assets included in Schedule A. This may include real estate, bank accounts, etc.
  8. Review all sections carefully to ensure that all information is accurate and complete before finalizing your document.

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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.
The person whose assets are placed in the trust is called a settlor in Montana. The settlor must change the title of ownership of each asset to be placed in the trust from the settlors name to ownership by the trust. Merely setting up a trust agreement does not put any property into the trust.
Your estate plan is entirely your decision, and you are free to leave your assets to others, such as other family members, friends, or charitable organizations, should you choose. If you do wish to leave something to your child but are concerned about their ability to manage it, a trust can be an excellent solution.
People with fewer assets, a modest estate, or just a relatively simple estate distribution plan most likely dont need a living trust, which, incidentally, generally has more upfront costs than writing a willand that may also be a consideration in deciding whether you need to include a living trust in your estate plan
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