Setting up a revocable living trust is one of the smartest moves you can make to protect your assets and spare your family the headache of probate. While hiring an estate planning attorney is the gold standard, plenty of people explore the DIY route using a revocable living trust template.
But here’s the thing , using a template successfully isn’t just about filling in the blanks. It requires careful attention to detail and a solid understanding of what you’re trying to accomplish. Let’s walk through how to navigate this process without shooting yourself in the foot.
Understand What a Revocable Living Trust Is
This is where everyone seems to want to rush through the process but let me assure you, taking time to get organized in the beginning will pay off in the long run.
First, write down all assets that you are going to transfer to the trust. This includes real estate, bank accounts, investments, business interests, etc. You will want to capture everything you want to be protected. Be accurate here because anything you miss, will not get the benefits of the trust.
Next, identify who you want as your successor trustee. A successor trustee is someone who will take over the management of the trust in the event of your incapacity or death. Choose somebody that’s responsible and trustworthy – they have a lot of authority over your stuff.
Lastly, choose your beneficiaries and how you want your assets divided. The clearer you are on this now, the less difficult it will become later. Having all of this information ahead of time makes it much easier to complete the revocable living trust template.
Carefully Fill Out the Template
Now we’re at the point you really need to pay attention to detail. Legal language isn’t just big words – it has certain meaning of legalese that can make a difference and it can create problems if used incorrectly.
Review every instruction and every section of the template carefully before you put anything in writing. When you do begin to enter information, be accurate. Names should be your complete legal name, descriptions of property should accurate descriptions and your proposed distribution should be unambiguous.
Double check everything. Everything. Spelling, addresses, legal names – minor mistakes can create big disputes later. Your beneficiaries won’t be thanking you if they have to deal with trying to settle a mess caused by your carelessness.
Please also get a reputable template provider. There are plenty of questionable options available that may not even comply with your State laws. Research the provider, pick one that has been around and has positive recommendations.
Execute and fund the trust properly
This is where a lot of people think they are done but really they are just getting started. Simply completing the trust template is like purchasing a safe and leaving it opened – it will not benefit you at all.
First, your trust needs to be signed and notarized in accordance with your state requirements. Some states have specific requirements about witnesses, so you should check that out.
But here is the important part that a lot of people forget – you have to actually transfer ownership of your assets to the trust. For real estate, this means preparing new deeds. For bank accounts, you will need to retitle those accounts in the trust’s name. For investments, you will need to talk to your broker or financial advisor.
If your trust is unfunded – meaning you never transferred any assets to it – then it will not protect that asset under the trust. It is like having an perfectly good umbrella, but leaving it at home when it rains.
Even with a DIY template, I would strongly encourage you to have a legal professional review your final document. Sure it costs money, but it is money well spent compared to the costs of having to deal with mistakes later.
Proceed Carefully for Peace of Mind
A revocable living trust template can be an economical option for simple estates, but it’s not to be taken lightly. Mistakes could completely destroy your intent and leave your estate unprotected.
If your estate is complex – or if the peace of mind you get by working with a professional is worth your time – it is usually money well spent to hire an estate planning attorney. If you take your time and follow the proper procedures, you will be able to create a solid plan, protect your estate and give your family members one less thing to worry about.
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