What you get
- An editable Word document, drafted from your answers and the state's official text.
- A proof of sources: every citation in the draft with the words it quotes, the official source, the date the text was saved and its fingerprint.
- Notes for counsel listing each point marked [VERIFY], each blank and each choice left for the client.
What the intake asks
Plain questions, in the order an attorney would take the facts. Anything left blank stays a marked blank in the draft; nothing is invented to fill it.
The settlor and the trust
- Settlor's full legal name
- Residence and family
- One settlor or a joint trust
- Name of the trust
- Is this a restatement or amendment of an existing trust
- Existing trust details
Trustees
- Initial trustee
- Successor trustees, in order
- How is a trustee's incapacity determined
- Bond, compensation and accounting
- Special powers or limits
Lifetime terms
- Benefits during the settlor's life
- Who may amend or revoke
- What will be placed in the trust
- Community property, homestead or out-of-state property
At death
- Specific gifts at death
- Personal and household items
- Who receives the rest of the trust at death
- Describe the residuary plan
- If a residuary beneficiary dies first
- Final contingent beneficiary
- Hold a young beneficiary's share in continued trust
- and 5 more
Signing
- How will the trust be signed
- Prepare a certification of trust as a separate document
- Is a companion pour-over will being prepared
- Other instructions or open decisions
Where it is offered
Every state Lawsmith has official sources for:
CaliforniaConnecticutDelawareDistrict of ColumbiaFloridaMarylandMassachusettsNew JerseyNew YorkOhioPennsylvaniaTexasVirginia
Official sources on file
The drafter works from the texts Lawsmith has saved for this document in the state you choose, plus federal law where it applies. Each is read from the official publisher and dated.
| State | Sources for this document |
|---|---|
| California | 26 |
| Connecticut | 14 |
| Delaware | 12 |
| District of Columbia | 19 |
| Florida | 18 |
| Maryland | 19 |
| Massachusetts | 12 |
| New Jersey | 16 |
| New York | 14 |
| Ohio | 15 |
| Pennsylvania | 17 |
| Texas | 15 |
| Virginia | 20 |
Among them, for New Jersey:
- N.J.S.A. 3B:31-18 Methods of creating trust.
- N.J.S.A. 3B:31-19 Requirements for creation.
- N.J.S.A. 3B:31-36 Spendthrift provision.
- N.J.S.A. 3B:31-42 Capacity of settlor of revocable trust.
- N.J.S.A. 3B:31-43 Revocation or amendment of revocable trust.
How the draft is checked
Before it writes, the drafter must quote the official text behind each citation. Lawsmith compares every quotation with the text on file, character for character; a citation with no checked quotation reaches you marked [VERIFY]. The draft still needs your review before it is signed, filed or sent. How citations are checked
More wills & estates documents
Last Will and TestamentPour-Over WillDurable Power of AttorneyAdvance Medical DirectiveHealth Care ProxyLiving WillHIPAA AuthorizationCertification of TrustAssignment of Assets to TrustCodicilTransfer-on-Death Deed