Legal Templates
Revocable Deed Of Trust

Revocable Deed Of Trust for the United States

Revocable Deed Of Trust Template for United States

A Revocable Deed of Trust is a legal document used in the United States that creates a living trust to hold and manage assets during the grantor's lifetime, with the ability to be modified or revoked. It enables assets to bypass probate upon the grantor's death while maintaining the grantor's control over the assets during their lifetime. The document establishes the trust's terms, naming trustees and beneficiaries, and specifying asset distribution methods.

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What is a Revocable Deed Of Trust?

A Revocable Deed of Trust is commonly used in estate planning within the United States to provide flexibility and privacy in asset management while avoiding probate costs and delays. This document is particularly useful when individuals want to maintain control over their assets during their lifetime while ensuring smooth transfer to beneficiaries upon death. It includes detailed provisions for asset management, distribution instructions, and successor trustee appointments. The trust's revocable nature allows the grantor to modify or terminate the arrangement as circumstances change, making it a versatile estate planning tool.

What sections should be included in a Revocable Deed Of Trust?

1. Parties: Identifies grantor, trustee, and beneficiaries involved in the trust

2. Trust Property: Detailed description of all assets being placed in trust

3. Distribution Provisions: Comprehensive rules for how trust assets are to be managed and distributed

4. Trustee Powers: Detailed enumeration of trustee's authority, duties, and responsibilities

5. Revocation Rights: Explicit statement of grantor's right to modify or revoke trust and procedures

6. Successor Trustee Provisions: Designation of replacement trustees and procedures for trustee succession

What sections are optional to include in a Revocable Deed Of Trust?

1. Spendthrift Provision: Protective clause that prevents beneficiaries from transferring their interest and protects from creditors

2. No-Contest Clause: Provision that discourages beneficiaries from challenging trust terms by risking their inheritance

3. Tax Planning Provisions: Special provisions for tax optimization and management of tax implications

What schedules should be included in a Revocable Deed Of Trust?

1. Schedule A - Trust Property: Detailed inventory and description of all assets placed in trust

2. Schedule B - Beneficiary Information: Complete contact information and specific distribution details for all beneficiaries

3. Schedule C - Successor Trustees: Comprehensive list of successor trustees with their contact information and order of succession

4. Certificate of Trust: Summary document for third parties that provides essential trust information without full disclosure

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Jurisdiction

United States

Publisher

Genie AI

Document Type

Trust Deed

Sector

Real Estate

Cost

Free to use
Clauses
Trust Creation
Property Transfer
Trustee Powers
Trustee Duties
Revocation Rights
Amendment Rights
Distribution
Successor Trustees
Incapacity
Death Provisions
Spendthrift Protection
Tax Provisions
Powers of Appointment
Trust Administration
Investment Authority
Accounting
Liability and Indemnification
Governing Law
Severability
Notice Requirements
No-Contest Provisions
Delegation Authority
Compensation
Termination
Assignment
Property Management
Survivorship
Disclaimer Rights
Fiduciary Powers
Merger
Industries

State-Specific Trust Laws: State-specific legislation governing trust formation, execution, and administration, including requirements for trust creation and trustee responsibilities

Property Laws: State and federal property laws, including recording requirements for real property and transfer requirements/restrictions

Federal Tax Laws: Internal Revenue Code provisions relating to revocable trusts, including gift tax implications and estate tax considerations

State Tax Laws: State-specific tax legislation including income tax treatment and estate tax requirements for trusts

Capacity and Execution Requirements: Legal requirements regarding mental capacity to create a trust, witnessing/notarization requirements, and recording requirements

Uniform Trust Code: Standard trust administration rules and trustee duties/powers if adopted by the state

Uniform Probate Code: Provisions affecting trust administration and interpretation if adopted by the state

State Statute of Frauds: State requirements regarding writing and signature requirements for trust documents

Teams

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