Free Living Trust Template
A revocable living trust holds your property during your lifetime and passes it to your beneficiaries after death without going through probate. This template covers the grantor, trustee, successor trustees, funding, incapacity, and distribution in standard trust language. Enter your details and generate a print-ready draft to review and fund with the help of an attorney.
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LIVING TRUST
This Living Trust Agreement is made on ________________ by ________________ ("Grantor"), of ________________, who creates this trust known as the ________________.
1. CREATION OF TRUST. The Grantor establishes the ________________ (the "Trust") and transfers to the Trust the property described in this Agreement, to be held, managed, and distributed by the trustee according to its terms. This Trust is a revocable living trust created during the Grantor's lifetime.
2. TRUST PROPERTY. The Grantor transfers the following property to the Trust, together with any property later added to it: ________________. The trustee shall hold this property, and any income and proceeds from it, as the trust estate.
3. REVOCABILITY. The Grantor reserves the right to amend or revoke this Trust in whole or in part at any time during the Grantor's lifetime by a signed writing delivered to the trustee. On revocation, the trustee shall return the trust property to the Grantor as directed.
4. TRUSTEE. The Grantor names ________________ as the initial trustee of the Trust. While serving, the trustee shall manage the trust property for the benefit of the Grantor during the Grantor's lifetime and shall carry out the terms of this Agreement.
5. SUCCESSOR TRUSTEE. If the initial trustee resigns, dies, or becomes unable to serve, ________________ shall serve as successor trustee. If that person is also unable to serve, ________________ shall serve as successor trustee. A successor trustee has all the powers and duties of the original trustee.
6. RIGHTS DURING THE GRANTOR'S LIFE. During the Grantor's lifetime, the trustee shall pay to or for the benefit of the Grantor as much of the income and principal of the Trust as the Grantor directs or as the trustee considers necessary for the Grantor's health, support, and welfare.
7. INCAPACITY OF THE GRANTOR. If the Grantor becomes unable to manage the Grantor's affairs, as certified in writing by a licensed physician, the successor trustee shall manage the Trust and shall use the trust income and principal for the health, support, maintenance, and comfort of the Grantor without the need for court approval.
8. DISTRIBUTION ON THE GRANTOR'S DEATH. On the death of the Grantor, the successor trustee shall pay the Grantor's legally enforceable debts, expenses, and taxes as required, and shall then distribute the remaining trust property as follows: ________________.
9. SPECIFIC GIFTS. Before distributing the remainder of the Trust, the trustee shall make the following specific gifts: ________________. If any beneficiary of a specific gift does not survive the Grantor, that gift shall pass with the remainder of the trust property unless stated otherwise.
10. TRUSTEE POWERS. The trustee has all powers allowed to trustees under the laws of the State of ________________, including the power to hold, invest, sell, lease, and manage trust property, to distribute income and principal, and to do everything reasonably necessary to administer the Trust, always acting in good faith and in the best interest of the beneficiaries.
11. GOVERNING LAW. This Trust is governed by the laws of the State of ________________. If any provision is found unenforceable, the remaining provisions stay in full effect. This Agreement is the entire agreement of the Grantor regarding the Trust and may be changed only as provided above.
This is a general template and not legal advice. Requirements for creating and funding a living trust, including signing, witnessing, notarization, and transferring title to assets, vary by state, so review your state's requirements or have an attorney review this document before use.
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Questions
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These are professionally structured templates using standard clause language. Whether a completed document is legally binding depends on your state's requirements, proper signing (and notarization or witnesses where required), and your specific situation. For anything high-stakes, have an attorney review it. Nothing here is legal advice.
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