How To Create A Living Trust In Minnesota

A living trust is a legal document that allows you to transfer ownership of your assets to a trust during your lifetime, which can help you avoid probate and provide for your loved ones after your death. Creating a living trust in Minnesota is a straightforward process, but it does require careful consideration and attention to detail. Here's what you need to know to create a living trust in Minnesota:

Step 1: Decide If A Living Trust Is Right For You

Before you create a living trust, it's important to understand what it is and whether it's the right estate planning tool for your needs. A living trust is a type of trust that you create while you're alive, which can hold your assets and distribute them to your beneficiaries after your death. One of the main benefits of a living trust is that it can help you avoid probate, which is the court-supervised process of distributing your assets after your death. A living trust can also provide for your loved ones, manage your assets during your lifetime, and help you minimize estate taxes.

Step 2: Choose A Trustee

When you create a living trust, you'll need to choose a trustee to manage the trust's assets. The trustee is responsible for managing the assets in the trust, making distributions to beneficiaries, and following the terms of the trust. You can choose yourself as the trustee, or you can choose someone else, such as a family member, friend, or professional trustee. If you choose someone else as the trustee, make sure they're trustworthy, responsible, and willing to take on the responsibilities of managing a trust.

Step 3: Create A Trust Document

To create a living trust in Minnesota, you'll need to create a trust document that outlines the terms of the trust. The trust document should include the following information:

  • The name of the trust
  • The name of the trustee
  • The name of the beneficiaries
  • The assets you're transferring to the trust
  • The terms of the trust, including how the assets will be managed and distributed
  • Any special instructions, such as who will care for minor children or how to handle taxes
  • You can create a trust document yourself, but it's recommended to work with an attorney who has experience in estate planning to ensure that your trust document is legally valid and meets your needs.

Step 4: Fund The Trust

After you create the trust document, you'll need to transfer ownership of your assets to the trust. This is called funding the trust. You can transfer ownership of assets such as real estate, bank accounts, investments, and personal property to the trust. When you fund the trust, you'll need to change the title of the assets to the name of the trust. For example, if you own a house, you'll need to transfer ownership of the house to the name of the trust.

Step 5: Manage The Trust

Once you've created the living trust and funded it with your assets, you'll need to manage the trust during your lifetime. As the trustee, you'll be responsible for managing the assets in the trust, making distributions to beneficiaries, and following the terms of the trust. If you become incapacitated or unable to manage the trust, your successor trustee will take over and manage the trust on your behalf.

Step 6: Review & Update The Trust

It's important to review and update your living trust periodically to ensure that it still meets your needs. You may need to update the trust if your circumstances change, such as if you have a new child, get divorced, or acquire new assets. It's recommended to review your living trust with an attorney every few years to ensure that it's up to date for your current situation. 

Contact An Experienced Estate Planning Attorney

At the Law Office of Clarence Patterson III, our team is dedicated to helping and representing you. You will have an experienced attorney who is easily accessible, patient, tech savvy and efficient so that you can save on attorney costs.

‍Our firm primarily serves the areas of Ramsey County, Washington County, Hennepin County, Dakota County and other areas around Minnesota. If you are in need of an experienced estate planning attorney in Minnesota, please contact us today to schedule your free case evaluation.

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The information you obtain at this site is not, nor is it intended to be, legal advice. The Law Offices of Clarence Patterson III's legal team is licensed to practice law in Minnesota. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

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