A Trust Agreement can be made for numerous purposes, but the specific purpose discussed herein is the formation of a Trust as part of an Estate Plan. The most common Estate Planning Trusts are Revocable Living Trust, Irrevocable Trust, Testamentary Trust, and Special Needs Trusts. A Trust is formed and managed according to the terms of a written Trust Agreement. The Trust Agreement needs to be in writing and clearly identify the parties to the Trust, the rights and obligations of the parties, and the conditions for when assets within the Trust are to be distributed to a beneficiary.
The three primary parties in a Trust Agreement are the Trustor, Trustee, and Beneficiary. The Trustor is the person setting up the Trust. The Trustee is the person who will hold title to the assets and manage the assets within the Trust for the benefit of Beneficiary. The Beneficiary is the designated person who is to receive the benefits from the assets within the Trust.
A Revocable Living Trust is a Trust created during the Trustor’s lifetime and can be changed or terminated by the Trustor during the Trustor’s lifetime, according to the term of the Trust Agreement. An Irrevocable Trust is a Trust which cannot be changed or terminated by the Trustor. A Testamentary Trust is a Trust created after the death of the Trustor according to the Trust terms set forth in the Trustor’s Last Will and Testament. A Special Needs Trust is a Trust set up for the specific purpose of providing limited benefits to a Beneficiary receiving government benefits that have recipient resource limitations.
Management and utilization of the assets within the Trust are controlled by the terms of the Trust Agreement and the laws of the applicable State. The Trust Agreement applies only to those assets specifically identified and/or titled in the name of the Trust. Any and all assets which are titled, registered, in an account with a financial institution, or held by a third party must be properly identified in the Trust name to be treated as a Trust asset.
Some of the reasons for establishing a Trust as part of an Estate Plan are:
1. To avoid Probate upon the death of the Trustor;
2. To avoid or reduce Federal Estate Taxes and/or State Estate or Inheritance Taxes;
3. To set up a method for management of your assets in the future when you are unable to self-manage the assets; and/or
4. To set up a method for management of assets to benefit a beneficiary who cannot or should not own or manage assets, for reasons such as age, legal incapacity, physical disabilities, mental disabilities, addiction, or financial difficulties.
A knowledgeable, experience Trust Attorney can discuss and explain the various Trust options available to suit your Estate Planning needs.
For a knowledgeable, experienced, and cost-effective
Wills, Trusts, and Estate Planning Attorney, contact
Larry K. Gray & Associates, P.C. Larry K. Gray has
been helping clients for more than 36 years.
Larry K. Gray & Associate, P.C.
404 East First Street Phone: (503) 538-1350
Newberg, Oregon
Fax: (503) 538-6957
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Geographical areas, Oregon Counties and Cities, wherein Larry K. Gray & Associates, P.C. provides legal services as an Estate Planning, Will Preparation, Trust Preparation, and Trust Administration Lawyer:
Yamhill County, Oregon Estate Planning, Will, and Trust Lawyer:
Estate Planning Attorney Newberg Oregon 97132, and the surrounding areas of Dundee Oregon 97115, Yamhill Oregon 97148, and Carlton Oregon 97111; Estate Planning Attorney McMinnville Oregon 97128, and the surrounding areas of Lafayette Oregon 97127, Dayton Oregon 97114, Amity Oregon 97101, Sheridan Oregon 97378, Willamina Oregon 97396, and Grand Ronde Oregon 97347.
Washington County, Oregon Estate Planning, Will, and Trust Lawyer:
Estate Planning Attorney Sherwood Oregon 97140, and the surrounding areas of King City Oregon 97224, and Tualatin Oregon 97062; Estate Planning Attorney Beaverton Oregon 97007, and the surrounding area of Tigard Oregon 97223; Estate Planning attorney Hillsboro Oregon 97123, and the surrounding area of Cornelius Oregon 97113, Forest Grove 97116, North Plains 97133, Banks Oregon 97106, and Gaston Oregon 97119.
Clackamas County, Oregon Estate Planning, Will, and Trust Lawyer:
Estate Planning Attorney Wilsonville Oregon 97070, and the surrounding areas of Canby Oregon 97013, Aurora Oregon 97002, and Molalla Oregon 97038; Estate Planning Attorney Lake Oswego Oregon 97035, and the surrounding areas of West Linn Oregon 97068, and Tualatin Oregon 97062; Estate Planning Attorney Oregon City Oregon 97045, and the surrounding areas of Gladstone Oregon 97027, and Damascus Oregon 97089.
Multnomah County, Oregon Estate Planning, Will, and Trust Lawyer:
Estate Planning Attorney Portland Oregon 97219 97239 97201 97214 97202 97206 97266 97215 97216 97213 97218 97220 97230 97233 97236, and the surrounding areas of Gresham Oregon 97030 97080, Troutdale Oregon 97060, Milwaukie Oregon 97222, and Lake Oswego Oregon 97034.
Marion County, Oregon Estate Planning, Will, and Trust Lawyer:
Estate Planning Attorney Woodburn Oregon 97071, and the surrounding areas of St. Paul Oregon 97137, Donald Oregon 97002, Hubbard Oregon 97032, and Gervais Oregon 97026; Estate Planning Attorney Keizer Oregon 97303, and the surrounding areas of Brooks Oregon 97303, Silverton Oregon 97381, and Mt. Angel Oregon 97362: Estate Planning Attorney Salem Oregon 97301 97302 97396, and the surrounding areas of Stayton Oregon 97383, Aumsville Oregon 97325, Sublimity Oregon 97385, Turner Oregon 97392, and Jefferson Oregon 97352.
Polk County, Oregon Estate Planning, Will, and Trust Lawyer:
Estate Planning Attorney Dallas Oregon 97338, and the surrounding areas of Fall City Oregon 97344, Rickreall Oregon 97371, Sheridan Oregon 97378, Willamina Oregon 97396, and Grand Ronde Oregon 97347; Estate Planning Attorney West Salem Oregon 97304, and the surrounding areas of Monmouth Oregon 97361, and Independence Oregon 97351.