Revocable Living Trust

Trust Law text: while a trust is revocable and a person holding the power to revoke is competent, that person, not the beneficiaries, has the rights afforded beneficiaries and the trustee's duties run to that person,…

Probate Code text: notwithstanding section 100, community property held in a revocable trust described in Family Code section 761 is governed by the provisions, if any, in the trust for disposition at death.

Family Code text: unless the instrument expressly provides otherwise, community property transferred in trust remains community property during the marriage if the trust is revocable as to that property during the…

Trust Law text: a revocable trust may be revoked in whole or part by any method the instrument provides, or by a writing other than a will signed by the settlor or holder of the power and delivered to the trustee during…

Trust Law text: unless the instrument provides otherwise, if a trust is revocable by the settlor, the settlor may modify it by the procedure for revocation.

Trust Law text requiring the trustee to serve a notification when a revocable trust or part of it becomes irrevocable because of a settlor's death, on a change of trustee of an irrevocable trust, and in the other stated…

Trust Law text giving the same protection for a beneficiary's interest in principal under a spendthrift clause, subject to sections 15304 to 15307, and allowing a court, on a judgment creditor's petition under Code of…

Trust Law text: unless a trust is expressly made irrevocable by the instrument, it is revocable by the settlor;

Trust Law text requiring the trustee to administer the trust with the reasonable care, skill and caution a prudent person acting in a like capacity would use for an enterprise of like character and aims;

Trust Law text defining the principal place of administration as the usual place where the trust's day-to-day activity is carried on by the trustee or representative primarily responsible, with fallback rules based on…

Connecticut text on revocation and amendment: unless the terms expressly make the trust irrevocable the settlor may revoke or amend it, but that presumption does not apply to instruments executed before January 1, 2020;

Connecticut text on contests after death: a proceeding to contest a trust that was revocable at the settlor's death must be brought within the earlier of one year after death or one hundred twenty days after the trustee…

Connecticut text on the principal place of administration: a designation in the trust terms is valid and controlling if a trustee's principal place of business or residence, a trust director's, or all or part of the…

Connecticut text limiting when a beneficiary's creditor may attach or compel a distribution, covering property subject to a lapsed or limited power of withdrawal and distributions limited to an ascertainable standard,…

Connecticut text on the settlor's powers while the trust is revocable: the trustee may follow the settlor's direction even if contrary to the terms, and while the settlor has capacity to revoke, the beneficiaries'…

Connecticut text on the certification of trust: instead of the instrument, the trustee may furnish a certification stating that the trust exists and the date it was executed, the settlor's identity, the acting trustee's…

Connecticut text requiring the trustee, on acceptance, to administer the trust in good faith, in accordance with its terms and purposes, the settlor's intent and the beneficiaries' interests, and in accordance with the…

Connecticut text stating the prudent-administration standard: the trustee administers the trust as a prudent person would, considering the purposes, terms, distributional requirements and other circumstances, exercising…

Connecticut text on governing law: the meaning and effect of trust terms are determined by the law designated in the trust unless that designation is contrary to a strong public policy of the jurisdiction with the most…

Connecticut text on informing and reporting: the trustee keeps qualified beneficiaries reasonably informed, furnishes the relevant portions of the instrument on request, notifies qualified beneficiaries within sixty…

Delaware text: a change of the place of administration to Delaware does not change a trust's duration or vesting, and Delaware law governs administration while the trust is administered in Delaware notwithstanding a…

Delaware spendthrift text: except as subsections (c) and (d) provide, a beneficiary's creditor has only the rights the instrument or Delaware law expressly grants, and any interest not so subject is exempt from…

Delaware text: the governing instrument may expand, restrict, eliminate or vary the laws of general application to fiduciaries and trusts, including beneficiaries' rights to information for a period, removal grounds,…

Delaware text: where spouses contribute property they held as tenants by the entireties to a trust revocable by either or both, a creditor of either or both spouses is limited to an order directing the trustee to…

Delaware text: after the death of the trustor of a trust that was revocable immediately before death, claims that could have been brought against the trustor's estate are barred against the trust when and to the same…

Delaware text stating when a trust is administered in Delaware: the sole trustee is a Delaware resident or an entity with a trust-business office in Delaware, the only entity co-trustee has such an office, or half or…

Delaware text allowing an irrevocable trust, unless the instrument expressly forbids it, to be modified by written consent or nonobjection of all trustors, serving fiduciaries and interested beneficiaries while the…

Delaware execution text: the creation, modification or revocation of a trust under which a person other than the trustor takes or loses an interest contingent on surviving the trustor is void unless in a writing…

Delaware text on the certification of trust: in place of the instrument the trustee may provide a certification of the trust's existence and execution date, the trustors and acting trustees, the trustee's powers,…

Delaware text: a contest of whether a revocable trust or an amendment was validly created must be brought within the first to occur of 120 days after the trustee's written notice with the stated contents, two years…

D.C. text stating that the capacity required to create, amend, revoke or add property to a revocable trust, or to direct its trustee, is the same as that required to make a will.

D.C. text on revocation and amendment: unless the terms expressly provide that the trust is irrevocable the settlor may revoke or amend it (for instruments executed on or after March 10, 2004), with rules for multiple…

D.C. text on the time to contest a trust that was revocable at the settlor's death (the earliest of one year after death, 90 days after the trustee's notice with the instrument, or six months after published notice as…

D.C. text on the principal place of administration: a designation is valid and controlling if a trustee's principal place of business or residence is there or all or part of the administration occurs there, and the…

D.C. text on spendthrift provisions: valid only if it restrains both voluntary and involuntary transfer, the words "spendthrift trust" or similar are sufficient, and a beneficiary may not transfer an interest in…

D.C. text stating that while a trust is revocable the beneficiaries' rights are subject to the settlor's control and the trustee's duties are owed exclusively to the settlor, that a beneficiary may enforce the settlor's…

D.C. text on certification of trust: instead of the instrument the trustee may furnish a certification stating the listed items (existence and date, settlor, current trustee, powers, revocability and who may revoke,…

D.C. text allowing a devise or bequest to the trustees of a written inter vivos trust (including an unfunded life insurance trust) executed and in existence before or contemporaneously with the will or codicil and…

Definitions for the D.C. Uniform Trust Code, including "beneficiary", "qualified beneficiary", "revocable", "settlor" and "trust instrument". Read the complete section before relying on any defined term.

D.C. text on governing law: the meaning and effect of trust terms follow the law designated in the terms unless contrary to a strong public policy of the jurisdiction with the most significant relationship, and…

Florida text on validity of a trust created under another jurisdiction's law and, in subsection (2)(b), the requirement that the testamentary aspects of a revocable trust executed by a Florida domiciliary be executed…

Florida text requiring the trustee of a trust described in section 733.707(3) to pay the settlor's personal representative the amounts certified as required for expenses of administration and obligations of the estate,…

Florida text stating that the capacity required to create, amend, revoke or add property to a revocable trust, or to direct the trustee of a revocable trust, is the same as that required to make a will.

Florida text on revocation and amendment: unless the terms expressly provide the trust is irrevocable the settlor may revoke or amend it (for instruments executed on or after the code's effective date);

A lifetime transfer of homestead property, including to a trust, is effective as the section provides and is not a devise. One of the planning routes around the section 732.4015 restriction;

Florida text on spendthrift provisions: valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest, a term that the interest is held subject to a spendthrift trust is sufficient, and…

Florida text stating that while a trust is revocable the trustee's duties are owed exclusively to the settlor, that a holder of a power of withdrawal has a settlor's rights to the extent of the property subject to the…

Florida text on the certification of trust a trustee may furnish instead of the instrument, listing its required contents (existence and date, settlor, acting trustee, powers, powers of direction and trust directors,…

A pour-over devise to the trustee of a trust is valid on the section's terms, including a trust amended after the will was signed. Name the trust by its exact name and date.

Florida text stating that the meaning and effect of a trust's terms are determined by the law of the jurisdiction designated in the terms if there is a sufficient nexus, or otherwise by the law where the settlor resides…

Maryland text stating that the capacity required to create, amend, revoke or add property to a revocable trust, or to direct its trustee, is the same as that required to make a will, and that the settlor's later…

Maryland text on revocation and amendment: unless the terms expressly provide that the trust is irrevocable the settlor may revoke or amend it (for instruments executed on or after January 1, 2015), with rules for…

Maryland text providing that on the settlor's absolute divorce or annulment on or after October 1, 2016, trust terms for the spouse's benefit are revoked, the spouse is removed as trustee or advisor, and the former…

Maryland text on the principal place of administration: a designation is valid and controlling if a trustee's principal place of business or residence is there or all or part of the administration occurs there, and the…

Maryland text stating that a spendthrift provision is valid and enforceable, that the words "spendthrift trust" or similar restrain both voluntary and involuntary transfer, and that a beneficial interest subject to such…

Maryland text stating that while a trust is revocable the beneficiaries' rights are subject to the settlor's control and the trustee's duties are owed exclusively to the settlor, except that while the settlor lacks…

Maryland text requiring a proceeding to contest a trust that was revocable at the settlor's death to be commenced within the earlier of one year after death or six months after the trustee sends the instrument and the…

Maryland text on certification of trust: instead of the instrument the trustee may furnish a certification stating the listed items (existence and date, settlor, current trustee, powers in the pending transaction,…

Maryland text allowing a legacy to the trustee of a written inter vivos trust (including an unfunded life insurance trust) executed and in existence before or contemporaneously with the will and identified in it,…

Definitions for the Maryland Trust Act, including "beneficiary", "discretionary distribution provision", "qualified beneficiary", "revocable" and "settlor".

Massachusetts text: unless the terms expressly make the trust irrevocable the settlor may revoke or amend it;

Massachusetts text: a contest of a trust that was revocable at the settlor's death must be commenced within the earlier of one year after death or 60 days after the trustee sent the person a copy of the instrument with…

Massachusetts text on the certification of trust: instead of the instrument the trustee may furnish a certification of the trust's existence and execution date, the settlor, the acting trustee and address, the trustee's…

Massachusetts text: a designation of the principal place of administration is valid and controlling if a trustee's principal place of business or residence, or all or part of the administration, is in the designated…

Massachusetts text: a spendthrift provision is valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest, a term that the interest is held subject to a spendthrift trust is…

Massachusetts text: while a trust is revocable and the settlor has capacity to revoke it, the beneficiaries' rights are subject to the settlor's control and the trustee's duties are owed exclusively to the settlor, and…

Massachusetts Uniform Trust Code text listing the methods of creating a trust: transfer of property to a trustee during the settlor's lifetime or by will, a declaration by the owner that the owner holds identifiable…

Massachusetts text: a trust is created only if the settlor has capacity and indicates an intention to create it, the trust has a definite beneficiary or is a charitable, animal-care or noncharitable-purpose trust, the…

Massachusetts text requiring the trustee, on acceptance, to administer the trust in good faith, in accordance with its terms and purposes and the beneficiaries' interests, and in accordance with the chapter.

Massachusetts text stating the prudent-administration standard: the trustee administers as a prudent person would, considering the purposes, terms and other circumstances of the trust, exercising reasonable care, skill…

The capacity required to create, amend, revoke or add property to a revocable trust, or to direct the actions of its trustee, is the same as that required to make a will.

Unless the terms expressly provide that the trust is irrevocable, or clear and convincing evidence proves the settlor intended it to be irrevocable, the settlor may revoke or amend the trust, and subsection a.

A proceeding to contest a trust that was revocable at the settlor's death must begin within the earlier of three years after the death or four months for a resident, six months for a nonresident, after the trustee sends…

A spendthrift provision is valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest;

While a trust is revocable, the rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor.

Terms designating the principal place of administration are valid and controlling if a trustee maintains a place of business or is a resident there or all or part of the administration occurs there;

Instead of furnishing the instrument to a person other than a beneficiary, the trustee may furnish a certification stating the trust's existence and execution date, the settlor, the acting trustee's identity and…

New Jersey Testamentary Additions to Trusts Law text: a will may validly devise property to the trustee of a trust established, or to be established, during the testator's lifetime by the testator or another person,…

New Jersey Uniform Trust Code text: a trust may be created by transfer of property under a written instrument to another person as trustee during the settlor's lifetime or by will or other written disposition taking…

A trust is created only if the settlor has capacity and indicates an intention to create it, the trust has a definite beneficiary or is a charitable, animal-care or noncharitable-purpose trust, the trustee has duties to…

Pour-over text: a testator may by will dispose of or appoint all or part of the estate to the trustee of a trust whose terms are evidenced by a written instrument, whether or not assets were transferred before death,…

Text in one sentence: every estate in property may be disposed of by lifetime trust. Read section 7-1.18 on how assets are transferred into the trust, since the trust is valid only as to assets actually transferred.

A lifetime trust is irrevocable unless it expressly provides that it is revocable;

Text of the execution formality: every lifetime trust must be in writing, executed and acknowledged by the person establishing it and, unless that person is the sole trustee, by at least one trustee, in the manner…

Text on funding: a lifetime trust is valid as to any assets only to the extent they have been transferred to it; a recital of assignment, holding or receipt in the instrument is not a transfer;

Text on a governing-law clause: where a person not domiciled in New York creates a trust that provides it shall be governed by New York law, the provision is given effect for the validity, effect and interpretation of…

Any person, as defined in section 1-2.12, may dispose of real and personal property by lifetime trust, and a natural person who creates a lifetime trust must be eighteen years of age or older.

Text in one sentence: an express trust may be created for any lawful purpose. Read the rest of Article 7, Part 1 for the requirements of a lifetime trust, in particular sections 7-1.14 through 7-1.18.

Text of the statutory spendthrift rule: a beneficiary's interest may be assigned or transferred, except that the right to receive income from property and apply it to the use of or pay it to any person may not be…

A testator may devise or appoint property to the trustee of a trust already in existence, which is Ohio's pour-over provision. Name the trust by its exact name and date so the gift is identifiable.

Ohio text stating that the terms of a trust prevail over the Trust Code except for the listed mandatory rules, which include the requirements for creating a trust, the trustee's duty to act in good faith, the…

Ohio text on the certification of trust a trustee may furnish instead of the instrument: it lists the required contents (existence and date of the trust, settlor, acting trustee, trustee powers, revocability and who may…

Ohio text stating that during the settlor's lifetime, whether or not the settlor has capacity to revoke, the beneficiaries' rights are subject to the settlor's control and the trustee's duties, including the duties to…

Ohio Trust Code text listing the methods of creating a trust: transfer of property to a trustee during the settlor's lifetime or by will or other disposition taking effect on death, a declaration by the owner of…

Ohio text stating when a trust is created: the settlor has capacity and indicates an intention to create the trust, the trust has a definite beneficiary or falls within a listed exception, the trustee has duties to…

Ohio text on spendthrift provisions: valid if it restrains both voluntary and involuntary transfer of a beneficiary's interest (or involuntary transfer with voluntary transfer permitted only with a non-beneficiary…

Ohio text stating that, whether or not the trust has a spendthrift provision, the property of a revocable trust is subject to the settlor's creditors during the settlor's lifetime, with further rules for irrevocable…

Ohio text on revocation and amendment: unless the terms expressly provide the trust is irrevocable the settlor may revoke or amend it (for instruments executed on or after January 1, 2007);

Ohio text on when a designation of the principal place of administration is valid and controlling (a trustee's principal place of business or residence there, or administration occurring there), the trustee's continuing…

The capacity required to create, amend, revoke or add property to a revocable trust, or to direct the actions of its trustee, is the same as that required to make a will.

The settlor may revoke or amend a trust unless the terms expressly provide that it is irrevocable;

Terms designating the situs of a trust are valid and controlling if a trustee's principal place of business or residence, all or part of the administration, a beneficiary's residence, or a trust director's principal…

Pennsylvania Uniform Trust Act text: a trust may be created by transfer of property under a written instrument to another person as trustee during the settlor's lifetime or by will or other written disposition taking…

A spendthrift provision is valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest;

Regardless of the settlor's legal capacity, while a trust is revocable the rights of the beneficiaries are subject to the control of, and the trustee's duties are owed exclusively to, the settlor;

A person with standing may contest the validity of a revocable trust by petition to the court, filed no later than one year after the trustee gave the notice required by section 7780.3(c), which the court may shorten to…

Instead of furnishing the instrument to a person other than a beneficiary, the trustee may furnish a certification stating the trust's existence and execution date, the settlor, the acting trustee's identity and…

A pour-over gift to a trust is valid even if the trust is unfunded, amendable or revocable, and even if it was amended after the will was signed.

The terms of a trust prevail over contrary provisions of the chapter except for the mandatory rules listed in subsection (b), beginning with the requirements for creation in section 7732, the trustee's duty to act in…

Texas text stating that the terms of a trust prevail over the Trust Code except for the listed matters the terms may not limit, including section 112.031, the exculpation limits of section 114.007, limitation periods,…

Texas text stating that property may be added to an existing trust from any source in any manner unless the addition is prohibited by the terms of the trust or the property is unacceptable to the trustee.

Texas text stating that a lifetime trust creating an interest in another beneficiary is not invalid as an attempted testamentary disposition merely because the settlor reserves a beneficial life interest, the power to…

Texas text on spendthrift trusts: a settlor may restrain voluntary and involuntary transfer of a beneficiary's interest, a declaration that the interest is subject to a spendthrift trust is sufficient, and a restraint…

Texas text stating that a settlor may revoke the trust unless it is irrevocable by the express terms of the creating or a modifying instrument, may modify or amend a revocable trust but may not enlarge the trustee's…

Texas text on the certification of trust a trustee may provide instead of the instrument, listing its required contents (existence and date of the trust, settlor, acting trustee and address, powers, revocability and who…

Texas text allowing a testator to devise property to the trustee of a trust established during the testator's lifetime or at death, regardless of the existence or size of the corpus, if the trust is identified in the…

All property possessed by either spouse at dissolution is PRESUMED COMMUNITY, and separate character must be proved by CLEAR AND CONVINCING EVIDENCE. The burden is the practical battleground;

Texas Trust Code text listing the methods of creating a trust: a property owner's declaration, an inter vivos transfer to a trustee, a testamentary transfer, an appointment under a power of appointment, or a promise…

Texas text stating that a trust is created only if the settlor manifests an intention to create a trust. Read it with the other creation requirements in chapter 112.

Virginia text stating that the capacity required to create, amend, revoke or add property to a revocable trust, or to direct its trustee, is the same as that required to make a will.

Virginia text on revocation and amendment: unless the terms expressly provide that the trust is irrevocable the settlor may revoke or amend it, with rules for trusts with more than one settlor, revocation by substantial…

Virginia text on the time to contest a trust that was revocable at the settlor's death (the earlier of two years after death or six months after the trustee's notice with a copy of the instrument) and on the trustee's…

Virginia list of specific trustee powers that apply without limiting § 64.2-777, including to collect trust property and accept or reject additions from a settlor or any other person, acquire or sell property, deposit…

Virginia text on the principal place of administration: a designation in an inter vivos trust is valid and controlling if a trustee's principal place of business or residence, a trust director's, or all or part of the…

Virginia text on spendthrift provisions: a provision is valid only if it restrains both voluntary and involuntary transfer, the words "spendthrift trust" or similar are sufficient, and a beneficiary may not transfer an…

Virginia text stating that while a trust is revocable the beneficiaries' rights are subject to the settlor's control, the trustee's duties are owed exclusively to the settlor, and the trustee may follow a settlor…

Virginia text: without court authorization a trustee may exercise the powers conferred by the terms of the trust and, except as the terms limit them, all powers over trust property that an unmarried competent owner has…

Virginia text on certification of trust: instead of the instrument the trustee may furnish a certification stating the listed items (existence and date, settlor, current trustee, powers, revocability and who may revoke,…

Eight acts are unavailable unless the power of attorney expressly grants them and no other statute, agreement, or instrument bars them: creating, amending, revoking, or terminating an inter vivos trust; making a gift;