What is a Living Trust? A Guide for Cincinnati Residents

February 1, 2025

What is a Living Trust? A Guide for Cincinnati Residents

When it comes to estate planning, a living trust is one of the most effective tools available for managing assets and ensuring a smooth transfer of wealth to loved ones. Understanding what a living trust is and how it works can help you make informed decisions about protecting your estate.


What is a Living Trust?


A living trust is a legal document that allows you to place assets into a trust during your lifetime while maintaining control over them. Unlike a will, which only takes effect after death, a living trust is active as soon as it is created and funded.

The person who creates the trust is called the grantor. The grantor appoints a trustee to manage the assets according to the trust’s instructions. In most cases, the grantor also serves as the trustee while they are alive and names a successor trustee to take over upon their passing or incapacity.


Types of Living Trusts


  1. Revocable Living Trust – This type of trust can be modified or revoked by the grantor at any time. It provides flexibility and helps avoid probate.
  2. Irrevocable Living Trust – Once created, this trust cannot be changed or revoked. It offers greater protection from creditors and estate taxes but requires the grantor to give up control of the assets.


Benefits of a Living Trust


  1. Avoids Probate – Unlike a will, which must go through the court-supervised probate process, a living trust allows assets to be transferred directly to beneficiaries, saving time and money.
  2. Maintains Privacy – Probate is a public process, whereas a living trust keeps asset distribution private.
  3. Provides Incapacity Protection – If you become incapacitated, your successor trustee can manage your assets without the need for court intervention.
  4. Flexibility and Control – With a revocable trust, you can change beneficiaries, modify terms, or add assets at any time.
  5. Reduces Family Disputes – Clearly outlining how assets should be distributed can help minimize conflicts among heirs.


Does a Living Trust Replace a Will?


While a living trust offers many advantages, it does not completely replace the need for a pour-over will. A will is still necessary to handle any assets that were not placed into the trust and to name guardians for minor children.


How Singler Law LLC Can Help


At Singler Law LLC, we help Cincinnati residents create customized estate plans that include living trusts, wills, and other important legal tools. If you’re considering a living trust, our experienced attorneys can guide you through the process and ensure your assets are protected for the future. Contact us today for a consultation.

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