Full question:
I live in CA. I am trying to assist my former father in law who lives in Oregon to set up a living trust. He has no $ assets except his property and the mobile home that sits on it. He would like to be sure his grandchildren and step son receive this property upon his death. I think I have determined which forms to use except one. He is a widower, with two grown children that he has had no contact with in over 20 years. He does NOT want them to be included in the trust as beneficiaries. I had thought to order control# OR-E0175, 'with no children'. However thru email w/ customer service I was directed to order #OR-E0176, 'with children'. Upon reviewing this form it designates the children to be listed as beneficiary. If this is indeed the correct form how do we NOT list the children as beneficiary, or indicate such? Or do I use the 'no children' form. The other two forms I am going to order are #OR-01577, Warranty Deed from individual to trust for the transfer of the property to the trust and # OR-WIL-01900 pour over will, for the few possessions he does have. I want to be sure that I am ordering the correct forms so this document will be legal and binding. He has no money and lives on 700.00 a month SS, so going to someone to do this for us is prohibitive. I am covering the cost of the forms and notary, as well as the travel to OR. Thank you for your assistance in this matter.
- Category: Power of Attorney
- Subcategory: Living Trust
- Date:
- State: California
Answer:
In order to establish a basic living trust, the Grantor should prepare and execute a document called a declaration of trust, which is similar to a Last Will and Testament. The declaration of trust sets forth the terms and conditions of the living trust. In the document, the Grantor names himself or herself as trustee, and transfers assets to that trust . Because the Grantor is named as the trustee, he or she maintains full control over the assets.
After creating the living trust, the grantor should transfer personal assets into it. This is referred to as funding the trust. In order to transfer real estate into the living trust, a real property deed naming the living trust as grantee should be executed and recorded. Bank accounts, retirement accounts and life insurance policies can be also be transferred to the trust. A warranty deed or quit claim deed is commonly used to transfer real property to the trust.
Once a living trust is created the grantor, as trustee of the living trust, manages trust assets for his or her personal benefit as well as for the benefit of the beneficiaries. Even though the living trust is also managed for the benefit of beneficiaries, a trust beneficiary receives nothing until after the grantor’s death. Upon the grantor’s death, the successor trustee becomes acting trustee and passes living trust property to the beneficiaries without need of probate.
Assets not transferred to the living trust are subject to probate upon the grantor's death . So even if a person has a living trust, he should have a will, called a pour-over will. Pour-over Will is used to transfer or "pour" all of the grantor's remaining property into the living trust upon his or her death. A Pour-over Will is usually executed simultaneously with a living trust.
Our forms may be modified in Word to suit your needs. For example, "upon the death of the Trustor, the Beneficiaries are the Children of the Trustor", might be changed to read "upon the death of the Trustor, the Beneficiaries are the Grandchildren and Stepson of the Trustor." Other references to children may be similarly changed.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
