Living Trust

A Living Trust is the common designation for a Revocable Intervivos Trust.  This is a declaration by a Settlor or Trustor that he or she or they holds personal and real estate in a Trust that will be managed by an appointed Trustee.  This is a device used to avoid probate and to make an estate plan private.  The Probate Process is a court proceeding to establish the validity of a Will and is public for any to see.  Fees and costs will exceed the set up and administration of a decedent’s estate that is passed by use of a Trust in almost all cases.


The Trustors (Settlors) can control the management and distribution of their property through a Living trust.

Sample Trust:



We hereby establish the ABC Trust.


We are the initial Trustors and Trustees with joint powers


We hold the assets on Schedule A in this trust


Upon death or total incapacity of either H or W then the survivor shall serve as Trustee and upon both our deaths our Son Joe shall serve as the Trustee with all powers.


Upon our demise, the Trustee is to give our property to:


Joe, Jane and the SPCA share and share alike.


Signed on this ___ Day of ____ 2014 at Belmont, California


____________________  __________________

Ann                                         Jim


A living trust form is used to prepare your estate. A living trust is a trust established during a person's lifetime in which a person's assets and property are placed within the trust, usually for the purpose of estate planning. The trust then owns and manages the property held by the trust through a trustee for the benefit of the named beneficiary, usually the creator of the trust (settlor).

We do a grant Deed to place the home or other real Estate into the Trust.

A Certificate of trust is used to place liquid assets like CDs and bank accounts into the trust.

Property that is not in the Trust may have to be probated in court, so funding a Trust can be very important.