Living trusts are becoming an increasingly popular estate planning tool for Virginia residents. Unlike a will, a living trust allows your assets to bypass probate, which can save your family time and money during an already difficult time.
What is a Living Trust?
A living trust is a legal document that places your assets into a trust during your lifetime, then transfers them to beneficiaries upon your death. The three key components are:
- Grantor: The person who creates and funds the trust
- Trustee: The person who manages the trust assets
- Beneficiaries: Those who receive the trust assets
Virginia-Specific Considerations
Virginia law provides several advantages for living trusts:
- No state inheritance tax on assets passing through a trust
- Faster distribution of assets (typically 3-6 months vs. 9-18 months for probate)
- Reduced court costs and legal fees
When a Living Trust Makes Sense
Consider a living trust if:
- You own property in multiple states
- You want to provide for a blended family
- You have concerns about potential incapacity
- You value privacy (trusts don't become public record)