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What is a Living Trust and Why You Might Need One

  • Jun 12
  • 2 min read
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An essential tool in modern estate planning that goes far beyond a simple will.

In the world of estate planning, many people are familiar with wills. But fewer understand the critical role of a Living Trust—also known as an inter vivos trust—and how it can safeguard your assets, simplify the legal process for your loved ones, and even prevent family disputes before they begin.

At Alliance Notary Services, we regularly notarize documents that are more than just paper—they are legal protections for your legacy. And among the most powerful of these is the Living Trust.


What is a Living Trust?

A Living Trust is a legal document that places your assets—homes, bank accounts, investments, even personal belongings—into a trust that you control while you’re alive. Upon your death, the trust becomes irrevocable, and your appointed successor trustee manages the distribution of your assets according to your instructions.

Unlike a will, a Living Trust does not go through probate—the court-supervised process that often delays access to assets and can be both costly and emotionally draining for families.


Why Create a Living Trust?

Here are the top reasons why more people are choosing Living Trusts as their primary estate planning tool:

1. Avoid Probate

Probate can take months, even years. A Living Trust bypasses this, allowing a smoother, quicker transition of property without court interference.

2. Maintain Privacy

Unlike wills, which become public record once filed with the court, Living Trusts remain private documents, shielding your financial affairs from public scrutiny.

3. Plan for Incapacity

If you become incapacitated, your successor trustee can step in and manage your affairs—no need for a court-appointed guardian or conservator.

4. Minimize Family Conflicts

Clear instructions, legal formality, and pre-selected fiduciaries reduce the likelihood of family disputes over your estate.

5. Greater Control Over Distribution

You can set conditions on inheritance—for example, releasing funds in stages, or protecting assets from creditors or irresponsible spending.


What Role Does a Notary Play?

A Living Trust is only legally enforceable if properly executed—and that’s where we come in.

At Alliance Notary Services, we ensure that:

  • You sign your trust documents in compliance with your state’s laws.

  • All parties understand what they are signing, preventing future challenges to validity.

  • Your trust is notarized correctly and professionally, whether in-person, mobile, or via remote online notarization (RON) where applicable.


Common Misconceptions

"I’m too young for a trust."Truth: Anyone with property or children can benefit from early planning.

"I already have a will, so I’m covered."Truth: A will still goes through probate. A Living Trust does not.

"It’s only for the wealthy."Truth: Middle-class families can save thousands by avoiding probate court.


Creating a Living Trust isn’t just about protecting your wealth—it’s about protecting your family. And notarizing your trust properly is a vital legal step that makes sure your wishes are honored.

If you’re ready to create or notarize your Living Trust, or simply want to learn more, we’re here to guide you.

Alliance Notary Services Your trusted partner in legal documentation and estate planning.

Phoenix, AZ

(310) 662-1676

 
 
 

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