The following is a general guide for trust creation, which is an important step in financial planning. It is best to go through these steps with an estate planner who can guide you, clarify them, and provide further insight relevent to your situation.
1) The first step in the creation of a trust is to decide if you need to have a shared trust. This is usually the case if you are married and most of your property is owned jointly. The other option in this case, especially if you own most of yoru property seperately, is two individual trusts.
2) The second step is to chose what assets you wish to leave in the trust. An estate planning lawyer can guide you and explain what items are best left in a living trust, and what the implications of this are. In most cases, you will not want to put all of your property in a living trust. It is better suited for the larger items that will ne significantly affected by probate unless you act.
3) After choosing the assets to place in the trust, you need to chose who will inherit the trust property. Obviously, the most frequent choice is family members and loved ones, though charities are also common beneficiaries. Remember that you should also select alternate beneficiaries, in the event that the primary beneficiaries do not survive to inherit.
4) Every trust must have a "successor trustee," who is in charge of distributing the trust property to the beneficiaries after you have died. Make sure that you trust the person to carry out your wishes, and also that he or she is willing and able to take on the job.
5) In the event that minor children may be inheriting trust property, you will need to designate a person to manage the children's property until they reach the age of majority. This person should also be someone that you trust and who is willing to take on the responsibility. He or she will be named as the property guardian, a property custodian, or a trustee.
6) The trust must then be prepared and signed in front of a notary. If you have a shared trust, your spouse must also be there and sign the trust.
7) Finally, you must transfer the title of property to yourself as trustee. In order for your trust to be effective, you must hold title to trust property in your name as trustee. The purpose and implications of this can be further explained by an estate planning lawyer.