The “Don’ts” When Writing Your Living Trust


A living trust is something that every person should take the time to write for themselves. Those who want advice on what to and not to do when writing their living trust may turn to a wills and trusts lawyer, like a wills and trusts lawyer in Sacramento, CA, for help. It is important to beware of potential missteps that anyone can easily make. You can trust that a skilled attorney will have your best interest in mind and be happy to answer any questions you have. 

Don’t Forget About Funding Your Trust

There is separate paperwork that must be completed in order for your trust to actually be funded. An attorney can give you documents to fill out so funds transfer from your stocks, bonds, and bank accounts to the trust itself upon your passing. If these documents are forgotten about, then the living trust doesn’t get funded. Thus, there are no assets to distribute to beneficiaries. 

Don’t Use Language That is “Precatory”

If you use language that describes your preferences and wishes in relation to how your assets are handled after you pass away, it can cause problems with validity. Precatory is a legal term where language is used but doesn’t establish legal obligation. The same type of words you would use in a personal letter or card must be avoided when creating a living trust. An attorney can review what you have written and make recommendations for edits, to avoid the use of precatory language. For instance, he or she would suggest avoiding statements with wording like, “I hope you will do the following,” or, “I would prefer if this would happen.” Legal documents necessitate that concise terms are used and that your wishes are very specific. The more broad your statements are, the more room there is for misinterpretation. 

Don’t Forget to Appoint a Trustee

Of course, you don’t want to forget to write down your chosen beneficiaries in the living trust. More often people tend to forget to appoint a trustee, though, who is the person that will be carrying on your wishes as written in the living trust after you pass away. This person has to be someone that you have faith would act only in the best interest of your legacy and your beneficiaries. This person doesn’t have to be a legal whiz per say, but should be inclined to get legal assistance if they have questions about their role as a trustee. You may want to speak with this person to confirm that they are comfortable with this role beforehand. That way, they can prepare for their responsibilities to come. 

Those who are confused about how to begin writing a living trust or want to ensure they don’t make a critical error, are encouraged to call an attorney as soon as possible for an appointment. 

Thanks to Yee Law Group, PC for their insight into what not to do when you are writing your living trust.