Living Trust Question?

Do you have a living trust question? Almost everyone who reads this page has a question on their mind about some aspect of a living trust.


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Maybe you have heard of living wills and living trusts and wonder what the difference is. Or, perhaps you aren't sure what benefits a living trust could offer in your particular circumstance?


What's a revokable trust? Is it the same thing as a living trust? How about an irrevokable trust? When and why would you want that?


Actually, many of these questions are already answered in various places on this site. So, check out our Site Map first.


But, if you can't find the answer to your living trust question there; feel free to post it below and we'll do the best we can to answer it. Include whatever information you think is relevant to your question.


Of course, we can't give you specific legal advice and your state may have unique laws that apply to your situation. So, you can't rely on any answer here (or elsewhere on this site) as legal advice -- see our terms of use -- as legal advice. But, we can give you general estate planning and/or living trust information that might be helpful to you.


If nothing else, at least you will have some information to help you formulate the questions you need to ask your attorney and information you need to provide him or her. This will make your visit with your estate planning lawyer much more efficient and productive; which will save you time and money.


The best thing is your question will be posted here and read by others. Any question you have, probably 100 other visitors to this site do as well. So your question and the information this community provides in response could help lots of other people out.


So, what are you waiting for?


Just type your question on the form below.


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Living Trust Question

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What Other Visitors Have Said

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Should trust distribution shares determine the Trustees? 
My wife's mother recently changed her trust distribution to give my wife and two brothers an 81% share of the distribution. All of her siblings were informed …

I am Successor Trustee  
I have been the trustee named first to serve but my sister got guardianship through the court knowing it was my parents wishes for me to manage their estate. …

Supposed to receive a car as a specific beneficiary from my grandfathers trust 
What do I need to do to decline the car and have it stay as property to the trust to be sold and the proceeds split among the other beneficiaries?

What If Co-Trustee's Disagree? 
Q: If a brother and sister are both named as trustees and they can't agree on the maintenance of a trust, how is the situation rectified? A: Well, …

Can Durable Power of Attorney Be Used To Avoid Probate? 
Can a Durable POA create a trust to override will (avoiding probate); dividing money to 3 children (same division)? All property is sold with checking …

Asset cannot be distributed per Living Trust 
One individual (out of several beneficiaries) is supposed to receive real estate property per a Living Trust with the remainder of the estate being distributed …

renaming a trust after a death 
my father and mother have a living revocable trust that is titled in both their names. the trust is to become irrevocable at the demise of the first spouse. …

A Beneficiary of a Living Trust 
How can I learn the types of assets I can expect to receive from the Living Trust? Am I also entitled to learn the amounts and types of assets destined …

What if a sibling passes away?  
If there are five siblings and one passes away does their share pass on to the children?

recent widow 
My husband recently died. He had three credit cards in his name only. I called all three card companies and they said that I did not have to pay the …

Can a trust hire and pay an employee? 
Can a special needs trust hire an employee to help the beneficiary with errands or drive her to doctor appointments?

Transferring a car to one child while father still living 
I am the trustee of my father's trust. He has offered his car to one of the siblings for him to trade it in for a car more appropriate for his needs. …

Am I still executor of my fathers trust? 
My father left me as the executor of his trust. However, my stepmother has the ability to change the executor. How can I determine if I am still the Executor …

do minor beneficary's have any rights ? 
The trustee is my late mother's niece. my mother left her home to my boys who are the minor beneficiary's. we have lived in this house since 1993, and …

trust question 
My daughter from my first marriage is 35. She has been estranged for years. My husband never adopted her. My husbands mother passed away recently and …

How Taxes on Trust Distribution Handled?  
If the trustee has passed away and stipulated in the trust that all noted living children/beneficiaries share equally the funds from the sale of their …

Trustee Control? 
Does a trustee have total control as to who receives what you have? Such as distribution of money?

Can Lawyer Steal Money From Trust? 
If a lawyer who set up a trust is the co-trustee, can he steal the money from the trust or are there laws to keep him from doing that? About a year …

Special needs trusts and payments 
Can a special needs trust pay the Visa bill of the beneficiary?

Concerned About Trustee Selling House  
I am to receive a house in a will. Now can the trustee sell this property before the person passes? Is there any way the trustee can stop me from getting …

Do I really need a new Tax ID # and if so what about Sec. 645? 
My mother recently passed, had a Living Trust and I'm the Trustee. I've been told I need a new Tax ID # so her investments can be sold to be divided among …

conflict of interest -- attorney hired by trustee? 
Is it a conflict of interest if the attorney hired by a trustee, where the trustee is also a beneficiary of a trust. Can this attorney give written …

When are Taxes Paid on Assets Withdrawn From a Trust?  
When I take the money out of the trust to my money market account do I pay taxes then?

What Can We Do To Avoid Probate? 
My mother passed away 4 months ago. She set up a living trust, the life insurance is part of the trust. Upon her death the life insurance paid out the …

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Question about Living Trust 
My mother died 3 months ago. My dad is now in a nursing home. I have 3 siblings, the youngest has POA. My question is can my siblings and the one …

Potential Will Contest: My Mother dies and is named in her Stepmothers Will 
My Mother just passed away in Chicago, her Father died in 1991 leaving his estate to his second wife, she suffers from some dementia and is in a nursing …

Refusal of Bank to Honor Trust 
Our family's living revocable trust has 4 trustees. Each is empowered in the trust to act individually as they see fit. We have had difficulty with certain …

Can Trust Be Changed After Death of Grantor? 
Can my stepmother change the trust my Dad set up before he died? He left everything to her, and then upon her death everything left would be divided between …

sister the trustee of will -- what are my rights?  
My question is? The will states everything be split 50/50. Never asked me about the house what right did he have to kick me out if I could have paid …

Can I contest a living trust done after father dies by step mother leaving everything to her children 
Can this living trust be contested? Our father bought home along with step mother, and our father paid off home with retirement $ then he dies in 09. …

How To Break a Living Trust? 
Trust was set up by Grandma for Daughter and 3 now adult children. Mom has passed. Children were told Trust would not be separated..as the 3 kids have …

trust beneficiary on medicaid 
Uncle died naming his sister as beneficiary, sister is on Medicaid in a nursing home. How can she skip herself and name her children as beneficiaries? …

As Trustee do I have any legal responsibility for what a beneficiary does 
I am the Trustee of my late mothers Trust. My brother is a beneficiary of the Trust, He is a homeless drunk that refuses to get help. He keeps calling …

Rights to Assets in Living Trust? 
My aunt created a living trust before she died that left all her assets to her adult children, Phil and Joe. Both Phil and Joe were co-trustees of the …

What Can Medical Trust Be Used For?  
What can the proceeds from a medical trust be used for? 1.Can the trustee buy a car to transport the beneficiary? 2.The beneficiary lives with the …

Special Needs Trust Tax Form 
A Special Needs Trust is set up as a corporation. What Federal tax form(s) does it need to file?

Trustee Resignation 
I am co-trustee with one other person. Can I force the other trustee to resign? She is violating the terms of the trust, but it does not say anything in …

Amendment to Living Trust: Can children take joint property not included in trust? 
My husband has amended his living trust, naming me as successor trustee in place of his children and has named his adult grandchildren as beneficiaries …

Do I have the right or how can I learn of the complete assets in a living trust? 
My mother and father had a living trust created for their four children. When my mom passed away in 2004 my father then took over the trust as planned …

House in Living Trust ? 
Is it best to put my house in my Living Trust, or should I put my kids on a Quit Claim deed and have them record it after my death? Would there be any …

How to List Minor on Life Insurance Policy? 
Is a Living Trust the only way to list a minor as a beneficiary on a Life Insurance policy? If not, how else can it be done?

How can we protect any unauthorized changes to a living trust? 
We had the living trust done by ourselves and got the page notarized. But the notarization is really only for the signatures from my husband and I on ONE …

Does trust override will and is there a way to find out who the trustee is?  
My wife is a named beneficiary in her grandmothers will. Her grandmother had a living trust that contained most of the assets. Her mother and uncle were …

Trustee Questions 
If I become trustee of my brothers special needs trust and he challenges it in any way, can I use the funds for legal fees? Also, what happens when he …

How can children get money out of father's living trust ? 
Two brothers got nothing after their father passed away. Father and his second wife have living trust. Everything goes to his second wife. No kids …

Can Bank Go After Trust Money To Pay Off Mortgage Loan? 
My mom has a home that is not titled in the trust that has an outstanding mortgage against it. If my mom died would her trust be responsible for paying …

trust payouts when there are debts 
In a living trust my stepmother gave 40% of her life insurance to my half sister, does that money get paid to my sister if there are many debts to be paid …

Can I Get a Copy of a Living Trust?  
If I'm listed in living trust can I request a copy. This is for the state of MD. Thanks TC

Can I Break The Living Trust? 
Question: My wife had living trust drawn in 2008. We were married in 1990 and since that we have had a new home built and she hasn't paid mortgage …

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Do future beneficiaries have any control of a living trust? 
If there is a living trust between a couple and one partner passes away their family has to sign all the paperwork. What control over the living trust …

Can Medical Bills Be Paid By a Living Trust?  
If there is a living trust, does the trustee have to pay medical bills out of the trust account that were not covered by primary or secondary medical coverage? …

Living Trust or No Living Trust? 
My mom and dad (in their 80's) were told by his attorney that he doesn't need a living trust; that they can accomplish the same things through a will. …

What's effect of making beneficiary a co-signer on bank account?  
Our living trust states that all of our assests are to be divided equally between our 3 children. We're wondering if we add one child's name to all our …

NEED YOUR HELP..TO HELP DAD! 
Hello, My dad asked me to help him create a will for him. He lives in Maryland and I live in California. I have no idea what kind of assets he has, …

Will funds in cd go to sole owner's medical bills, or be retained on behalf of atf's? 
That's basically my question, thanks so much - we're pretty much destitute - especially my mother, or especially depending on how you look at it/what side …

Grantor/Trustee Not rated yet
In Oregon or anyplace else;Can a revocable family trust Smith Family Trustbe formed by a Grantor who has a social security number and use an EIN …

poa's can not remember their own lie's Not rated yet
if trustee mom has alzhiemer's disease our sisters poa's for mom say no more money got to sell the house but when they tried to evict us it came out …

revocable trust Not rated yet
my deceased parents trust cant be found because one of the siblings took it and no one knows who made the trust. The mobile home in Nevada they were living …

Disinherited issue Not rated yet
My father is deceased and my mother took me off the trust, which leaves my 2 brothers to inherit the trust. When my mother dies can I rightfully go after …

EXECUTOR Not rated yet
My grandmother died in 2011. My dad was trustee for her living trust and the sole beneficiaries of the trust were my dad and his sister. They were …

What Are The Income Tax Implications for Special Needs Trust Distribution? Not rated yet
The beneficiary of the Specials Needs Trust has died and the remainder of the trust has been distributed to the listed beneficiaries after death. What …

Signatures on Trust document Not rated yet
A very strange situation here: My father, prior to both his and my mother's death, set up a revocable trust. The admin for the trust ultimately left …

How Protect Father's Estate from Step-mother?  Not rated yet
Question: My father after death of my mom decided to do a living trust and made me trustee. He is now remarried and his new wife is trying to influence …

Issue has arisen whether house was in trust  Not rated yet
Question: Mom died 2 years ago with a trust and a will. In both my sister and I are trustees/personal reps. Both state that Mom's OR house went …

If I move to a different state do I need a new living trust?  Not rated yet
Question: Is a living trust executed in Michigan still good after my move to Alabama and can the original trust just be changed or is a new trust …

Do I Need a Lawyer to Distribute Assets from Estate?  Not rated yet
Question: My now deceased mom had a living trust and I am trustee. Do I need a lawyer to distribute her estate? She did not have any creditors. …

Can Successor Trustee establish Foundation referenced in Living Trust? Not rated yet
Question We are in the beginning stages of setting up a Living Trust. We would like some portion of the assets in the Trust to go to a charitable …

What Document Needed To Appoint Me As Executor Of Father's Estate? Not rated yet
Question: My father asked me to visit him for the purpose of having me take a statement from him regarding his last Will & Testament. This has come …

How Do I Protect Assets For Minor Son? Not rated yet
Question: What is the best way to protect my home / money for my son, I was never married but have a 12 year old son, I want him to be in control …

Successor Trustee Process Not rated yet
Question: We have a living trust with our two sons named as successor trustees. Our bank accounts, etc. are held under the name of the trust. We have …

Should I use LegalZoom.com to do my living trust?  Not rated yet
Question: We had living trusts done about 9 years ago (married with children). Now we want to make some changes and we were told by two attorneys that …

Click here to write your own.




If your question relates to qualifying for medicaid -- the best book I know of is Medicaid Secrets.  It is written by a medicaid attorney in simple, easy to read and understand, language.  It's one of the few books about medicaid planning I've read that I enjoyed reading.  And, I learned more from this one book about the ins and outs of how to qualify for medicaid than any other book I've ever read.  Really.


If you are willing to pay a small fee to get a quick and personal answer from a living trust attorney, use this form:

Ask a Living Trust Lawyer Now

We have partnered with JustAnswer so that you can get an answer ASAP.

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