WHAT IS A REVOCABLE (LIVING) TRUST?

A trust exists when one person (often called the grantor or the settlor) gives property to another person (called the trustee) to hold and manage for one or more other persons (called the beneficiaries).  Under the Ohio Trust Code, a revocable trust (sometimes also known as a "living trust") is a trust that the grantor can amend (change) or revoke (cancel) during his or her lifetime.  Through the terms of the revocable trust, the grantor keeps all the benefits of any property placed into it for the rest of his or her life.  The grantor also can be the trustee, but the grantor's spouse or a trust company also often serves as trustee.  A revocable trust can be funded with any property such as bank and brokerage accounts, stocks and bonds, a home and other real estate.  Some revocable trusts may not be funded initially, but rather at a later time or at the grantor's death.  An attorney can help advise when a trust should be funded and with what property.  The terms of a trust are described in writing in a document often called the declaration of trust or trust agreement.  This document is signed by both the grantor and the trustee.