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What is a revocable trust?

On Behalf of | Aug 12, 2024 | Estate Planning |

Do you understand what trusts are and how they work? A revocable trust is a legal document that allows individuals to manage their assets during their lifetime and after death. 

It provides flexibility and control over how assets get distributed to beneficiaries. 

How a revocable trust works

A revocable trust involves three parties: the grantor, the trustee, and the beneficiaries. The grantor creates the trust and transfers assets into it. The trustee manages the trust according to the grantor’s instructions. In most cases, the grantor serves as the trustee during their lifetime, retaining control over the assets. The beneficiaries receive the assets after the grantor’s death or under other specified conditions.

The trust is “revocable” because the grantor can change or terminate it at any time during their life. This flexibility allows the grantor to adjust the trust if personal or financial circumstances change.

Benefits of a revocable trust

One of the most significant advantages of a revocable trust is avoiding probate. Probate is a legal process where a court supervises the distribution of a deceased person’s assets. It can be time-consuming and costly. A revocable trust allows assets to pass directly to beneficiaries without court involvement.

Additionally, revocable trusts provide privacy. Unlike a will, which becomes public record during probate, a trust remains private. This privacy protects the details of an individual’s estate from becoming public knowledge.

Considerations for creating a revocable trust

When creating a revocable trust in Florida, you must follow state statutes to meet the legal requirements.  You must also properly fund the trust, which means transferring ownership of assets such as real estate, bank accounts, and investments into the trust.

Consulting an estate planning attorney is advisable to ensure the trust functions correctly and meets the grantor’s needs.

A revocable trust offers a powerful tool for managing assets and ensuring they are handled according to the grantor’s wishes. It provides a flexible and private way to plan for the future, offering peace of mind that loved ones will be taken care of according to the grantor’s specific instructions.