Trusts

Revocable Living Trust Guide

Revocable Living Trust: Trustee authority comes from the trust terms and applicable law, not from the title 'trustee' alone.

By Trust and probate editor Published August 13, 2026 How we edit

General trust information, not a legal or tax opinion. The trust instrument and applicable law control.

A revocable trust preserves the grantor's change power but generally leaves grantor-owned economic interests exposed to ordinary tax and creditor rules.

Read the governing terms

  • A trust separates the governing instrument from the assets it actually owns or receives; both pieces must be reviewed.
  • Trustee authority comes from the trust terms and applicable law, not from the title 'trustee' alone.

Confirm funding and authority

  • revocation and amendment provisions plus current capacity and successor terms
  • the complete trust, amendments, schedules, and certifications
  • deeds, assignments, account titles, and beneficiary confirmations showing funding

Administration and exit questions

  • Who may amend or revoke, and what changes upon incapacity or death?
  • Which assets are legally connected to the trust?
  • What event activates a successor trustee's authority?

Risks to pause on

  • Marketing language about 'protection' should not be assumed to mean creditor or tax protection for the grantor.
  • Signing a trust without completing asset-specific funding steps can leave the intended property outside the plan.

Trust-law and tax references