All Laws Decoded

What Is a Living Trust?

A living trust is a trust created by a person during their lifetime. In a revocable living trust, the person who creates it (the settlor or grantor) can change or cancel it, and a trustee manages the trust property for the beneficiaries. Only property actually owned by the trust is controlled by it, and trust-owned property can pass at death without probate. For federal income tax purposes, a revocable trust is a grantor trust taxed to the grantor. Trust rules come from state law; Virginia's Uniform Trust Code is used as an example here.

What the law says

FAQ

Does a will avoid probate?
No. A will may make probate easier, but property titled in the person's name alone still goes through probate. A living trust can avoid probate for assets owned by the trust.
Can I change or cancel my living trust?
Under Virginia's Uniform Trust Code, the settlor may revoke or amend a trust unless its terms expressly make it irrevocable. The settlor can use the method in the trust document or, if none is given, any method showing clear and convincing evidence of intent.
Can my agent under a power of attorney change my trust?
In Virginia, an agent may exercise the settlor's powers to revoke, amend, or distribute trust property only if the power of attorney expressly authorizes it and the trust does not expressly prohibit it.
Does a revocable living trust need its own tax return?
Generally not while it is a grantor trust, as long as the grantor reports all of the trust's income and allowable expenses on their own Form 1040 or 1040-SR.
What does a successor trustee have to tell the beneficiaries?
In Virginia, a trustee must keep qualified beneficiaries reasonably informed, give a copy of the trust document on request, and send at least annual reports of trust property, receipts, and payments to beneficiaries entitled to distributions.
Who decides whether a trust is revocable?
The IRS says state law and the trust document determine whether a trust is revocable or irrevocable.

Related

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.