| Alan R. Horvath, Attorney at Law |
| Frequently Asked Trust Questions |
| Phone: 209 754-5291 Fax: 209 754-5293 |
| ahorvathlaw@sbcglobal.net |
P.O. Box 81
596 Mountain Ranch Rd.
San Andreas, CA 95249
596 Mountain Ranch Rd.
San Andreas, CA 95249
What is a testamentary trust?
A testamentary trust is one that is created in your will. Normally a will simply makes outright gifts of your property
to those who you wish to have it after your death. The purpose of a testamentary trust is to allow you to set up an
arrangement by which some or all of your estate is not immediately distributed, but is given to a trust to be held
and distributed over time to your beneficiaries. For example, suppose you do not want your son to receive your
assets outright. Instead, you decide he will get the income that is generated by your assets, and at his death, the
assets themselves will go to your grandchildren. A trust is needed because someone, the trustee, will have to
manage this estate for the life of your son. The will leaves this property to the trustee, with instructions as to how it
is to be managed and distributed.
A living trust can accomplish all the things that a testamentary trust can. In addition, a living trust is put in place
during your own life and can serve as a vehicle to provide for your own care if that becomes necessary.
A testamentary trust is one that is created in your will. Normally a will simply makes outright gifts of your property
to those who you wish to have it after your death. The purpose of a testamentary trust is to allow you to set up an
arrangement by which some or all of your estate is not immediately distributed, but is given to a trust to be held
and distributed over time to your beneficiaries. For example, suppose you do not want your son to receive your
assets outright. Instead, you decide he will get the income that is generated by your assets, and at his death, the
assets themselves will go to your grandchildren. A trust is needed because someone, the trustee, will have to
manage this estate for the life of your son. The will leaves this property to the trustee, with instructions as to how it
is to be managed and distributed.
A living trust can accomplish all the things that a testamentary trust can. In addition, a living trust is put in place
during your own life and can serve as a vehicle to provide for your own care if that becomes necessary.
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