Free Revocable Living Trust

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In Virginia, no person (i) of unsound mind or (ii) under the age of eighteen years shall be capable of making a Last Will.
Note: If your spouse is NOT a U.S citizen then you may need a Qualified Domestic Trust. Consult a qualified attorney in your jurisidiction to ensure your interests and the interests of your spouse are protected.

(e.g. Jacksonville, etc.)


With a Revocable Living Trust the Grantor is almost always the Trustee as long as
he or she is alive. When the original Grantor dies then the duties and obligations of
managing the trust shift to the Successor Trustee. At that time the trust is no longer
revocable and the terms of the trust can no longer be changed.
With a Revocable Living Trust the Grantor is almost always the Trustee as long as
he or she is alive.

Where a married couple share ownership of assets, they may act as co-grantors and co-trustees. When one co-trustee dies, the surviving co-trustee assumes responsibility as sole trustee. A Successor Trustee will take over after both spouses die.

Frequently Asked Questions
Who is the Grantor or Trustor?A Grantor or Trustor is the person or persons who provide the property and create the trust.




(e.g. Street, City, State, Zipcode)

Frequently Asked Questions
What does a Successor Trustee do?A Successor Trustee should be appointed to take over the management of the Living Trust in the event that the Initial Trustee resigns or is unable to continue to act as Trustee.




(e.g. Street, City, State, Zipcode)

Frequently Asked Questions
Who should I appoint as a Beneficiary?The Beneficiary is usually your children or whoever you intend to 'inherit' your property when you are gone.

List of Property to be Transferred into the Living Trust


Property or asset to be Transferred

Provide an accurate description of the assets you wish to transfer to your Living Trust. Include account numbers and serial numbers as well as a thorough description where possible. Include a proper legal description for any real estate to be transferred.

Frequently Asked Questions
How can I prevent a probate court from distributing my property?Remember: If your intention is to avoid the cost and delay of probate court then you must transfer almost all of your property into your trust. Any property left outside your trust may require resolution by a probate court.

Specific Gifts

Only one Beneficiary was named. The entire proceeds of the trust will be given to that sole Beneficiary.


Only one Beneficiary was named. The entire proceeds of the trust will be given to that sole Beneficiary.

Additional Terms

Final expenses may include expenses related to last illness, burial, and funeral expenses.
Remember: If there are no other resources left after you die, then your Successor Trustee may be compelled to pay your unresolved taxes or legally enforceable debts and expenses out of your Living Trust.

Substantial property cannot be passed to a child until they have reached the age of majority. In addition you may wish to withhold the transfer of property to a young person until they have had a chance to mature and learn to manage their own financial matters.

As a result you may wish to continue to hold their Share in trust until they are older and more financially responsible.

Witnesses and Execution Date

The Execution Date is the date that this Living Trust will be signed by you.

Generally, the law does not require that you sign your Living Trust in front of a Notary Public. However, having your Living Trust notarized will likely make it easier to transfer property as many banks and private institutions are unwilling to accept a Living Trust that has not been notarized.

A witness must understand what they are witnessing and must be competent to testify in court.

In Virginia, no person will be incompetent to testify for or against a Living Trust solely by reason of any interest (gift) in the Living Trust or the estate of the Grantor. BUT, in most states the amount of a gift to a witness may be reduced to what the witness would have received if the Grantor had died intestate.
The signing and witnessing requirements for a Revocable Living Trust are the same as for executing a Last Will. In Virginia, a Living Trust must be signed by the Grantor and acknowledged by them in the presence of at least two competent witnesses, present at the same time; and those witnesses willl sign the Living Trust in the presence of the Grantor.

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