- 1). Investigate types of trusts. A "living trust" is one in which assets are used and controlled by you during your lifetime and are distributed when you die as directed by the trust. The probate process is avoided for assets put into the trust.
- 2). Unlike a living trust, a "testamentary trust" takes effect when you die. It is usually tied to a will and can help eliminate or reduce estate taxes for your beneficiaries. A testamentary trust does not avoid probate.
- 3). Set up the trust once you have determined the type you need. Determine who you want as your trustee (the person responsible for ensuring that the terms of the trust agreement are carried out).
- 4). Consult with your bank, attorney or certified financial adviser.
- 5). Obtain the appropriate documents from your adviser (or purchase a software program to assist you) and complete them to set up the trust.
- 6). Fund a living trust. Identify which assets to include in your living trust. These are the assets over which you have control and wish to control during your lifetime.
- 7). Change the titles of these assets; you'll be putting them in the name of your trust.
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