Frequently Asked Questions

Probate is often needed when a person dies - with or without a will - and has assets titled solely in his or her name. From a practical standpoint, we need to know who now owns that property, whether it’s real estate or personal property. A properly drafted and executed (signed) trust provides the mechanism for transferring assets when a person dies, which facilitates eliminating the need for probate. 

A revocable trust can be revoked (cancelled) by the person who created it during his or her lifetime. It offers important features that gives the maximum flexibility in making changes. An irrevocable trust cannot be cancelled by its creator (settlor or grantor) without judicial intervention. It offers certain tax advanrages but comes with severely restricted flexibility. 

 You can publish a trust if you so desire, but publication of the trust is otherwise not required. A person can publish an abbreviated document known as a Declaration of Trust to let the world know that a trust exists but not advise on its contents.