DraftingEstate Planning / ProbateAdvanced
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.
✓ 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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