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What Is a Trust?

Federal & State Law Editorial TeamLast reviewed: 2025-11-22

A trust is a fiduciary arrangement where a grantor transfers assets to a trustee to manage for the benefit of designated beneficiaries.

Key players:

  • Grantor (settlor/trustor) — The person who creates the trust and transfers assets into it.
  • Trustee — The person or entity that manages the trust assets according to the trust terms.
  • Beneficiaries — The people who benefit from the trust assets.
  • Types of trusts:

  • Revocable living trust — Can be changed or revoked during the grantor's lifetime. Avoids probate but does not provide tax benefits or asset protection.
  • Irrevocable trust — Cannot be changed once created. Provides tax benefits and asset protection but the grantor gives up control.
  • Testamentary trust — Created by a will and takes effect at death. Goes through probate initially.
  • Special needs trust — Provides for a disabled person without affecting government benefits eligibility.
  • Spendthrift trust — Protects trust assets from beneficiaries' creditors.
  • Charitable trust — Benefits a charity and can provide tax deductions.
  • Life insurance trust (ILIT) — Removes life insurance proceeds from the taxable estate.
  • Benefits of trusts:

  • Avoid probate (revocable living trusts)
  • Reduce estate taxes (irrevocable trusts)
  • Protect assets from creditors
  • Provide structured distributions (e.g., age-based milestones)
  • Maintain privacy (trusts are not public record)
  • Provide for minor children or incapacitated individuals
  • Costs. Creating a trust typically costs $1,500-$5,000+ depending on complexity.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You want to create a trust as part of your estate plan
    • You need a special needs trust for a disabled family member
    • You are a trustee and need guidance on your fiduciary duties
    Related Statutes & Laws
    • Uniform Trust Code
    • State trust statutes
    • IRC §§ 671-679

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.