1. List Your Assets
Create a complete list of your assets, including:
Real estate
Vehicles
Jewelry and valuables
Stocks and bonds
Life insurance policies
Bank and investment accounts
Identify which assets you want to place into the trust—typically those that would otherwise go through probate.
2. Gather Required Documents
Collect deeds, property titles, stock certificates, and bank statements to properly fund your trust. Having these ready will streamline the process.
3. Decide Who Will Create the Trust
You may only transfer assets you own into a trust. If you are married or share jointly owned assets, you may consider a joint trust or separate individual trusts.
4. Choose Your Beneficiaries
Beneficiaries are the people or organizations who will receive your assets after your death. These may include family members, friends, or charitable organizations.
Note: Trust beneficiaries are designated separately from beneficiaries on life insurance policies or retirement accounts.
5. Select a Successor Trustee
The successor trustee manages the trust, pays outstanding debts, and distributes assets according to your wishes. If you become incapacitated, this person will manage trust-related matters on your behalf.
Choose someone you trust completely and discuss the responsibility with them in advance.
6. Plan for Minor Children
If minor children will inherit assets, you may designate a trustee or manager to oversee those assets until they reach an age you specify.
7. Prepare the Trust Document
Trust documents must comply with state laws. An estate planning attorney or online legal service can assist with preparation.
Many individuals also create a pour-over will to ensure assets not placed in the trust are properly transferred and to name guardians for minor children.
8. Sign and Notarize the Trust
Once prepared, the trust must be signed in accordance with state law. Most states require notarization; some also require witnesses.
9. Fund the Trust
A living trust becomes effective only after assets are transferred into it. This may include retitling real estate or assigning ownership of other assets.
10. Store the Trust Securely
Keep your trust document in a safe place and ensure your successor trustee has access to it.
11. Keep Your Trust Updated
Life events such as marriage, divorce, births, deaths, and property changes require updates to your trust. Review your trust every few years to ensure it reflects your current wishes.
Protect Your Legacy
With proper planning, a living trust provides peace of mind, protects your loved ones, and preserves your legacy.