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A trust protects assets from excessive taxation and court involvement, with the owner deciding how assets are divided. A living trust involves ongoing management of income and assets by a trustee. Legal experts recommend using estate planning attorneys and trustees, and trusts can be irrevocable or revocable. A passive trust supervisor ensures assets go to beneficiaries as intended.
Creating a trust is a way for a person to protect assets from excessive taxation and from being placed in the hands of a court system. By obtaining a trust, the owner of that legal document can decide how property and other assets will be divided, either during the owner’s lifetime or upon that individual’s death. Assets are placed with a manager who oversees the management of the property or other assets. In a living trust, the administrator has the additional responsibility of directing other sources of income or income to the beneficiaries.
A living trust is one in which the trustee, or the trustee of this legal document, has additional responsibilities beyond just overseeing the transfer of assets to a beneficiary. The trustee must recover and distribute to the beneficiary any other income owed to the trust holder, such as rental income, proceeds from the sale of property, or other assets, in addition to payment due to the trust holder from debtors. This ongoing involvement in the transfer of money and assets is what makes the arrangement a living trust. An administrator continues to distribute additional revenue streams according to the preferences outlined in the trust document.
A living trust holder may create the legal document online if necessary. However, legal experts advise that estate planning attorneys and trustees be retained for the process. The language used in a living trust can solidify the proper execution of the agreement and the distribution of real property and other assets to the intended parties. It is also recommended that notarization for the living trust be received in case the legal document needs to be registered in a region.
Grantors, or holders of living trusts, can create these legal agreements as irrevocable or revocable. In the case of an irrevocable trust, the grantors assign the rights to any changes in the agreement to the beneficiaries. However, if the agreement is created as a revocable trust, the grantors retain the legal authority to amend living trusts.
The responsibilities for the administrator in a passive trust are different from those of a living trust. Primarily, a passive trust supervisor must ensure that the assets do in fact go to the beneficiaries as intended. Unlike the ongoing duties assigned to an active trustee, a passive trust does not require the supervisor to collect income from revenue streams on behalf of a grantor.
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