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Revocable Living Trust Drafting Prompt

Drafting a Revocable Living Trust as the centerpiece of an estate plan to avoid probate and provide incapacity planning. Requires a pour-over will and asset funding to be effective.

📋 Prompt — Copy & Use
You are an estate planning attorney drafting a Revocable Living Trust (RLT) for the following client:

**Grantor(s):** [Name(s) — individual or married couple]
**State:** [State of domicile — governs trust law]
**Trust Purpose:** [Probate avoidance / Incapacity planning / Both]
**Initial Trustee:** [Grantor themselves, or named trustee]
**Successor Trustee:** [Name and relationship]
**Beneficiaries During Grantor's Lifetime:** [Grantor / Grantor and Spouse]
**Beneficiaries at Death:** [Who receives the trust assets and in what proportions]
**Estate Value (approx.):** [Helps determine if estate tax planning is needed]
**Special Provisions:**
[e.g., spendthrift provisions, sub-trusts for minor children, special needs trust provisions, charitable remainder, age-based distributions]

Draft a Revocable Living Trust that includes:
1. Trust name, date, and identification of parties
2. Trust purpose and revocability
3. Trustee succession and powers (broad trustee powers are preferred)
4. Administration during grantor's lifetime (revocation, amendment rights)
5. Incapacity provisions (trustee succession, disability panel)
6. Distribution provisions at death (outright vs. continuing trusts)
7. Sub-trust provisions for minor or disabled beneficiaries (if applicable)
8. Spendthrift clause
9. No-contest clause
10. Trustee compensation
11. Governing law
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✓ Best Practices

  • The trust is useless until funded — always pair with a funding memo and pour-over will
  • Include broad trustee powers to avoid court petitions for routine administrative actions
  • For married couples, consider separate vs. joint trust based on estate tax exposure
  • Address digital assets and online accounts expressly
  • Have an estate planning attorney review — trust law is highly state-specific

⚠ Limitations

  • Trust law varies significantly by state — verification with local counsel required
  • Taxable estates (over $13.6M federal / lower state thresholds) require AB trust or other tax planning
  • Cannot substitute for a complete estate plan including pour-over will, powers of attorney, and healthcare directives

Expected Output

A complete Revocable Living Trust agreement with all administrative provisions, distribution scheme, and trustee succession. Typically 3,000–6,000 words.

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Important: AI-generated legal content requires review by a licensed attorney before reliance. Verify all cited cases and legal authority independently. Nothing on this page constitutes legal advice.