• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Who We Are
    • About Our Firm
    • Attorney and Staff Profiles
    • Scott P. Schomer Certified As Specialist In Estate Planning, Trust And Probate Law
    • Trust and Probate Litigation: Verdicts and Settlements
  • Services
    • Estate Planning
    • Probate
    • Trust Administration
    • Trust, Probate and Estate Litigation
    • Family-Owned Businesses
    • IRA & Retirement Planning
    • LGBTQ Estate Planning
    • Loss of a Loved One
    • Power of Attorney
    • SECURE Act
    • Special Needs Planning
    • Asset Protection & Business Planning
    • Estate and Gift Tax Figures
    • Young Families
  • Probate
    • Is Probate Always Necessary In California?
    • Probate & Estate Planning Savings Calculator
    • Probate Administration
    • Probate Code 850 Petitions
    • Probate Disputes
    • Probate In California
    • Probate Laws
    • Probate Litigation
    • Why Hire A Probate Attorney
  • Elder Law
    • Conservatorship
    • Coping with Alzheimer’s
    • Estate Planning
  • Resources
    • Elder Law
      • Elder Law & Medi-Cal Definitions
      • Elder Law Reports
    • Estate Planning
      • Estate Planning Articles
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Special Needs Planning Can Protect Benefits
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Free Seminars
      • Webinars
    • Frequently Asked Questions
      • Advance Health Care Directives
      • Asset Protection
      • California Adult Conservatorship
      • Estate Planning
      • Estate Planning & Remarriage
      • Frequently Asked Questions For Families Without An Estate Plan
      • In-Home Elder Care
      • IRA Inheritance Planning
      • IRA & SECURE Act
      • Irrevocable Trust
      • Last Will and Testament
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Living Trust
      • Probate
      • Special Needs Planning
      • Trusts
      • Trust Administration
      • Wills
    • Newsletters
    • Pre Consultation Form
    • Presentations
    • Published Book
    • Trust Administration & Probate Resources
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss of a Loved One
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
  • Reviews
    • Our Reviews
    • Review Us
  • Communities We Serve
    • Los Angeles County
      • Bellflower
      • Cerritos
      • El Segundo
        • El Segundo Probate Resources
      • Hawthorne
      • Inglewood
      • Long Beach
        • Long Beach Elder Resources
        • Long Beach Probate Resources
      • Manhattan Beach
      • Playa del Rey
      • Santa Monica
      • Westchester
        • Westchester Elder Resources
        • Westchester Probate Resources
    • Orange County
      • Anaheim
      • Buena Park
      • Cypress
      • Fountain Valley
      • Garden Grove
      • Huntington Beach
        • Huntington Beach Elder Resources
        • Huntington Beach Probate Resources
      • Los Alamitos
        • Los Alamitos Probate Resources
      • Rossmoor
      • Stanton
      • Seal Beach
      • Westminster
  • Contact Us
  • BLOG
  • Videos

Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys

Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys

Connect With Us Today (310) 337-7696

Attend a Free Event
Home » Estate Planning » What is a Trust and how do You Create One?

What is a Trust and how do You Create One?

November 22, 2016Estate Planning

what is a trustIf you are working on your estate plan, you should consider whether a trust should be a part of that plan. The benefits of trusts include both probate avoidance and reducing estate tax liability. Before you can determine whether a trust is a component you need in your estate plan, you need to first be able to answer the question, “what is a trust?” Once you understand what it is and what it can do, you will know what you need to create one.

What is a trust?

A trust is essentially a fiduciary agreement between a trustee and the person who creates the trust. Fiduciary means the agreement is premised on confidence and trust. The purpose of a trust agreement is to give the trustee authority to hold and manage the trust assets on behalf of the named beneficiaries.

The terms of the agreement will provide the necessary provisions for managing and distributing the trust property. There are many different types of trusts that have their own specific purpose. However, there are three basic steps required to create a trust: drafting the trust agreement, funding the trust with the property and settling the trust.

What is required in a trust agreement?

The trust agreement is basically the document that gives your instructions on how the property held in trust should be handled. It is essentially the “who, what, and when” of your trust. A trust agreement is also a contract which is binding on the trustee chosen to manage the trust property. Some of the essential terms that should be included in the trust are the identity of the trustee, the names of your beneficiaries and what you want them to receive, as well as, when they should receive those assets.

What does funding a trust mean?

Once the trust agreement has been drafted, the next step is to fund the trust. Funding is basically a matter of transferring ownership of the assets that you want to include in the trust. In other words, you need to transfer bank accounts to a new account in the name of the trust. You should also name the trust as beneficiary of life insurance policies and annuities, if applicable. If there is real property, then you need a deed transferring that real property to the trust.

You can fund a trust by changing title or ownership

Certain assets can be funded by changing the name of the owner from the name of the grantor to the name of the trust. These include bank accounts, non-IRA and non-401(k) investment and brokerage accounts. It can also include stocks and bonds held in certificate form, and real estate. Some financial institutions only require that the name on the grantor’s account be changed. Whereas, other institutions might require the grantor to close the original account and open a new one in the name of the trust.

You can fund a trust through assignment of ownership rights

When personal property is included in the trust assets, of the type that does not require a certificate of legal title, then the assets can easily be funded by assigning ownership to the trust. This can also include items like personal loans, royalties, copyrights and patents; partnership and membership interests in limited liability companies.

You can fund a trust by changing the name of the beneficiary

For assets that list a beneficiary, simply transferring the title of those assets into the name of the trust is not sufficient. Instead, the trust needs to be named as the beneficiary of the account or insurance policy, for example.

The final step is settling the trust fund

After the trust is established and funded, the final step is to settle the trust, which can only take place after the death of the grantor. Typically, once you die it is time for your trustee to follow the terms of the trust pertaining to management of your property after your death. This is usually when disputes arise, however, between relatives or anyone else who may believe they have an interest in the trust.

Why you should consult a trust attorney

There can be some complicated issues involved in creating a trust. An estate planning attorney is much better equipped at handling. Depending on how complex the terms of the trust agreement need to be, the extent and nature of the assets, and the potential complications related to the family, it could be very beneficial to have the guidance of an attorney. Here are some specific considerations that may need to be addressed.

  • Do your beneficiaries have special needs?
  • Are you looking to reduce your estate tax liability?
  • Do you have children who are spendthrifts?
  • Is there anyone you may want to disinherit?

All of these issues can be addressed as in your trust agreement.

Join us for a FREE seminar! If you have questions regarding trusts, or any other estate planning needs, please contact the Schomer Law Group for a consultation, either online or by calling us at (310) 337-7696.

  • Author
  • Recent Posts
Scott Schomer, Estate Planning Attorney
Scott Schomer, Estate Planning Attorney
A graduate of Boston University School of Law, Scott P. Schomer is a frequent lecturer on estate planning and elder law issues, having discussed these important issues on local and national television. A seasoned courtroom advocate, Scott has obtained combined judgments and verdicts in excess of twenty-five million dollars for his clients. Scott has served as a member of the Los Angeles Superior Court Probate Volunteer Panel (PVP Attorney), Probate Settlement Panel and a Judge Pro Tempore. Scott's expertise has been recognized by his peers with such accolades as a life-time membership in the Multi-Million Dollar Advocates Forum, the Five Star Wealth Manager designation, and repeated nominations as California Super Lawyer.
Scott Schomer, Estate Planning Attorney
Latest posts by Scott Schomer, Estate Planning Attorney (see all)
  • Things You May Need to Update in Your Estate Plan When You Enter Retirement - March 22, 2023
  • 10 Estate Planning Tips You Cannot Afford to Ignore - March 21, 2023
  • 7 Estate Planning Steps for the Beginner - March 16, 2023

Other Articles You May Find Useful

estate planning tips
10 Estate Planning Tips You Cannot Afford to Ignore
estate planning steps
7 Estate Planning Steps for the Beginner
Estate planning
How Do I Approach the Subject of Estate Planning with My Elderly Parents?
Los Angeles estate planning attorneys
Marriage and Divorce: How Your Estate Plan Can Help Protect Assets
The Lessons from Lisa Marie
What Happens When You Don’t Trust Your Trustee – Part I

Primary Sidebar

Schomer Law Group, Los Angeles Estate Planning, Probate, and Elder Law Attorneys

Schomer Law Group

Subscribe To Our Blog

Sign up using the form below to get our latest estate planning updates!

  • This field is for validation purposes and should be left unchanged.

Testimonials

Client Review
July 29, 2020
    

We need to update our Living Trust and attended Schomer Law Group’s seminar. Afterwards we made an appointment and were impressed by the attention Scott Schomer and Liran Aliav gave to our case answering all questions and making suggestions how to minimize the estate tax. All the office staff is very friendly and we highly recommend Schomer Law Group.

Frank & Jutta R
Client Review
July 29, 2020
    

Mr. Schomer does an amazing job at explaining all the intricacies of establishing a trust. He and his team help you every step of the way so you always know what to expect and what you are preparing for. Best education you can get and the best gift you can give your family.

Paula M.
Client Review
July 29, 2020
    

We put off getting a trust for years. After attending a seminar with Scott Schomer we realized that the time had come to get a trust. We were given very good reasons for why we should get a trust. No pressure, just the plain facts. We are very relieved and happy to finally get our trust. Scott and Cesar were very knowledgeable, helpful and listened to our ideas of what we had to say. Any questions that we have now and in the future they are available to assist us to solve them. I recommend the Schomer Law Group and I wish we knew about them years ago.

Phillip G.
Client Review
July 29, 2020
    

When you’re presented with an invitation to attend in a mailer, you may have reservations, this was a truly gift!! My wife and I were educated and guided through the process of creating a family trust.
Both of our parents had attorney’s that “worked” with wills/trusts, but came up short. Fortunately, the Schomer Law Group was there! This is a group of attorney’s that only specialize in estate planning, law, and financial advice, so you know you’re getting expert and personalized advice. This is the best money we’ve ever spent!! Thank you!

Bob L.
Client Review
July 29, 2020
    

We knew we had to update our 10 year old ( 20 page ) trust. After several detailed meetings, Liran and Cesar produced a large ( 300 pages + ) highly detailed trust document that we have used to make sure our family estate is well managed and clearly understood.
They were all very helpful in answering myriad questions and explaining all the various options…

We would strongly recommend the Schomer Law Group to anyone with an estate of even modest means, to assure proper planning…

Bob S.
Client Review
July 29, 2020
    

We had contemplated updating our will and starting a trust for a number of years. After attending a talk by Scott Schomer we realized we were long overdue and the potential downside of not having our affairs in order was significant. Scott and his excellent team made the process simple and seamless. They were great listeners, addressed all our concerns and even pulled and processed all the paperwork from our financial institutions. If you are looking for assistance with estate planning, wills and trusts, we highly recommend Schomer Law Group.

Robert F.
Client Review
July 29, 2020
    

Very competent & informative – friendly atmosphere – ready to answer the most mundane questions – relaxed.

Joan S.
Client Review
July 29, 2020
    

Mr. Schomer was excellent in getting our family trust and estate affairs in order. My husband and I had put off doing this and Scott really made the process easy! He is very passionate in making sure his clients get all that they need and we really appreciated it. I would highly recommend him and look forward to the many years he will be available to assist our family.

Kim

Follow Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram
  • Pinterest

Office Address

El Segundo
2155 Campus Drive
Suite 250,
El Segundo, CA 90245
Phone: (310) 337-7696
Fax: 310-337-1277

See Larger Map Get Directions

Office Hours

Monday9:00 AM - 6:00 PM
Tuesday9:00 AM - 6:00 PM
Wednesday9:00 AM - 6:00 PM
Thursday9:00 AM - 6:00 PM
Friday9:00 AM - 6:00 PM

Footer

  • Advantages of Working With Our Firm
  • About The American Academy
  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Schomer Law Group

Connect with Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram
  • Pinterest

footer-logo
© 2023 American Academy of Estate Planning Attorneys, Inc.

Schomer Law Group

Attorney Advertisement.

© 2023 American Academy of Estate Planning Attorneys, Inc.