Revocable Living Trust Toolbox
Complete Estate Planning Kit

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Each state-specific kit contains the following forms:

  1. Revocable Living Trust (state-specific): A trust is a legal arrangement under which the trustee holds legal title to property for another person, called a beneficiary. Revocable living trusts are not public documents and are not filed with any state or local agency.

    A Revocable Living Trust, also referred to as an inter vivos trust, is a trust designed to avoid probate while providing long-term property management. The term "living trust" implies that the trust is revocable by the settlor (creator) or grantor. Revocable living trusts can be terminated or changed at any time during the grantor's lifetime. A revocable living trust allows the grantor (owner), who usually appoints himself or herself as trustee, to exercise complete control over trust assets during his/her lifetime. In the eyes of the IRS, a revocable living trust is transparent, allowing the grantor, as trustee, to buy, sell, trade, mortgage, liquidate, gift or otherwise treat trust property as personal property while having no impact on personal income taxes. Revocable living trust assets may be used as if they are still held as personal property, and upon the death of the grantor, trust property passes to beneficiaries without going through probate, resulting in substantial savings and preservation of wealth.

    Shared husband and wife revocable living trust distinguishes between the separate property of each individual and joint/shared property. Listed separate property is managed solely by owner while joint/shared property, such as homestead, is co-managed. Therefore, each spouse can place their personal property into the revocable living trust without relinquishing control or management of said property to the other spouse.

    A completed sample revocable living trust form and instructions are included.

  2. Pour-over Will (state-specific):  A specially configured last will and testament used in conjunction with a revocable living trust.  Assets not transferred to a revocable living trust are subject to probate upon a person's death. This type of Will "pours" any property owned by the deceased at the time of his/her death into the living trust. A completed sample Pour-over Will form and instructions are included.

  3. Warranty Deed (state-specific):  Included in the package are two (2) state-specific warranty deeds specifically configured to transfer real estate into a revocable living trust, Individual to Revocable Living Trust and Two Individuals to Revocable Living Trust.  Use these deeds to transfer real estate, such as a home or vacation property, into the trust. Note: A quit claim deed should never be used to transfer property into or out of a revocable living trust. A completed sample warranty deed form and instructions accompanies each deed.

  4. Revocable Living Trust Revocation Form:  Used to revoke a trust.

  5. Revocable Living T rust Amendment Form:  Invariably, your revocable living trust will need to be amended. Whether you need to add or delete beneficiaries, change trustees or make other modifications, all changes are accomplished via an amendment. Amendments must be properly documented to be binding. A completed sample form and instructions are included.

  6. Living Will (state-specific):  an advance directive documenting wishes regarding end-of-life medical treatments (life-sustaining treatments) including medical treatments you choose to have, as well as the procedures or treatments you do not want to have in some or all circumstances. Living wills discuss feelings about life-sustaining care or treatments. A living will should not be confused with a last will and testament which provides instructions to your personal representative and the probate court, only to be used after your death.

  7. Health Care Power of Attorney (Health Care Proxy) (state-specific):  an advance directive appointing and empowering another person, a proxy (thus the name health care proxy), to make all medical and health care decisions when the principal is unable to do so. While a Health Care Power of Attorney can include written instructions for your patient advocate, proxy, to follow, the choices do not have to be included for the Health Care Power of Attorney to be used. Our Health Care POA also includes life-sustaining treatment choices to guide the health care proxy.

  8. Durable Power of Attorney - General (state-specific): grants the agent, referred to as an attorney-in-fact, authority over financial matters. A general POA, also called a financial power of attorney, gives the agent power over financial matters such as banking, investments, real estate, insurance and taxes. A durable power of attorney continues in effect or takes effect when the principal is incapacitated or disabled.