A Revocable Trust – sometimes referred to as a “Living Trust” – is a lifetime trust that can be amended or revoked at any time during the creator’s life. The creator (or “grantor”) of the trust typically also serves as trustee and is also a trust beneficiary during their life. At the grantor’s death, the terms of the Revocable Trust direct how the grantor’s assets are to be distributed, essentially acting as a substitute for the Will.
Nonetheless, the grantor still executes a Will. This is because the grantor may have failed to transfer title of certain assets to the Revocable Trust during life. In that case, those assets would pass under the grantor’s Will. The Will would then direct that those assets be “poured” over into the Revocable Trust, to be governed by the terms of the Revocable Trust.
An attorney drafts the trust agreement, which the grantor signs. Once the trust has been created, the grantor should retitle their assets in the name of the trust. It is generally preferable to fund the trust during the grantor’s life by retitling current assets in the name of the trust and acquiring new assets in the name of the trust. If assets are not retitled before the grantor dies, the purpose and advantages of the Revocable Trust may be frustrated.
Yes. The grantor should still sign a Will even if they have created a Revocable Trust. To the extent that the grantor has failed to transfer title of certain assets to the Revocable Trust during life, those assets would pass under the grantor’s Will. As mentioned above, the Will would then direct that those assets be “poured” over into the Revocable Trust, to be governed by its terms. The Will also enables the grantor to name guardians for their minor children.
A Revocable Trust can provide many advantages, but it may not be appropriate for everyone. An experienced estate planning attorney can help you decide whether a Revocable Trust is recommended for your unique circumstances.