Peek Inside: What Makes Up A Living Trust Package?

Are you considering setting up a living trust to protect your assets and provide for your loved ones?

A living trust can be a valuable tool in estate planning, offering flexibility, privacy, and control over the distribution of your assets. However, understanding the components of a typical living trust package is essential to ensure your wishes are carried out effectively.

Let’s delve into the key documents included in a living trust package and their significance in the estate planning process.

• Revocable Living Trust: At the heart of a living trust package is the revocable living trust itself. This document establishes the trust, outlines its terms, and appoints trustees who will manage the trust assets during your lifetime and distribute them according to your instructions after your death. The revocable nature of this trust means you retain the flexibility to amend, modify, or revoke it as needed during your lifetime.
• Pour-Over Will: The pour-over will complements the living trust by acting as a safety net for any assets not transferred to the trust during your lifetime. Upon your death, these assets are “poured over” into the trust and distributed according to its terms. Additionally, the pour-over will may include provisions for the guardianship of minor children, providing comprehensive estate planning solutions.
• Declaration of Trust: This document provides detailed information about the trust, including its purpose, the powers granted to trustees, and instructions for managing trust assets. It serves as a foundational document that outlines the framework within which the trust operates.
• Certificate of Trust: Also known as a Trust Certificate or Abstract of Trust, this condensed version of the trust document offers essential information about the trust, such as the trustee’s authority, without divulging sensitive details about the trust’s assets or beneficiaries. It is commonly used for administrative purposes, such as verifying the existence and terms of the trust to financial institutions.

• Assignment of Assets: To ensure the efficacy of the living trust, it’s crucial to transfer ownership of your assets, such as real estate, bank accounts, and investments, to the trust. The assignment of assets document facilitates this transfer, ensuring that your assets are properly included and managed within the trust structure.
• Durable Power of Attorney: In the event of your incapacity, the durable power of attorney appoints someone (an attorney-in-fact or agent) to make financial and legal decisions on your behalf. This document ensures continuity in the management of your affairs and avoids the need for court-appointed guardianship or conservatorship.
• Healthcare Power of Attorney (or Healthcare Proxy): Designating a healthcare power of attorney allows someone to make medical decisions on your behalf if you are unable to do so. This ensures that your healthcare wishes are respected and provides clarity during medical emergencies.
• Living Will (or Advance Directive): Your living will outlines your preferences regarding end-of-life medical care, including decisions about life-sustaining treatment. It offers guidance to healthcare providers and loved ones in respecting your wishes during challenging times.

• HIPAA Authorization: This document grants authority to chosen individuals to access your medical information as necessary for making healthcare decisions. It ensures that your healthcare agents have the information they need to act in your best interests.
• Letter of Instruction: Although not legally binding, a letter of instruction provides guidance to your trustee and loved ones regarding your wishes, funeral arrangements, location of important documents, and other pertinent information. It serves as a helpful reference and can facilitate the administration of your estate.
• Trustee Instructions: This document provides guidance to the trustees on how to administer the trust, including their duties, powers, and responsibilities. It ensures clarity in trust management and helps trustees fulfill their fiduciary obligations effectively.
• Asset Schedule: A comprehensive list of the assets you have transferred into the trust, including details such as account numbers, titles, and locations. This document ensures transparency and facilitates the management and distribution of trust assets.
• Beneficiary Designations: If applicable, you may need to update beneficiary designations on certain assets, such as life insurance policies and retirement accounts, to align with your trust planning. This ensures consistency in asset distribution and avoids conflicts with the terms of your living trust.