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)
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