Updated August 02, 2023
The Louisiana revocable living trust is a legal agreement wherein a person (Grantor) places assets and property to continue to use during their lifetime along with instructions for distribution after they die. Unlike a Last Will and Testament, the contents of a revocable living trust remain under the control of the appointed Trustee, instead of a conservator, should the Grantor become mentally or physically incapacitated. The Grantor may choose to name themselves Trustee as long as a Successor Trustee is appointed. During their lifetime, the Grantor can make alterations to their revocable living trust as they see fit. However, after the Grantor’s death, a revocable trust becomes irrevocable. Both types of living trusts avoid probate court, which could save the Beneficiaries time and money. A Louisiana revocable living trust does not come with any estate tax benefits.
Laws – § 9:2021 to § 9:2030
How to Write
Step 1 – Download in PDF, Microsoft Word (.docx), or Open Document Text (.odt).
Step 2 – To complete the first page of the revocable living trust form, enter the necessary information in the following order into the fields provided:
- Grantor’s name (top)
- The date
- Grantor’s name and address
- Trustee’s name and address
- Name of the Trust (under Article 1)
- Type of Trust (either amended or original; under Article 1)
Step 3 – After the Grantor’s death, their property will be distributed according to the instructions created under Article 4, Section A. Enter the list of said property into the appropriate fields and include the corresponding inheritor’s name beside each item.
Step 4 – Continue to Section B of Article 4 and choose how all personal property owned by the Grantor at their time of death will be distributed. Select the first box if the personal property will be transferred to the Beneficiaries. Select the second box to transfer all personal property to a specific individual. If the second box is selected, the individual’s name, address, and last 4 digits of Social Security or Tax ID number must be included.
Step 5 – Next, under Section C of Article 4, enter the name and address of the individual (Pet Caretaker) who will take care of the deceased Grantor’s pets. The name and address of a second individual (Alternate Pet Caretaker) must be entered into the available spaces should the first Pet Caretaker be unfit for the care-taking responsibilities.
Step 6 – Continued under Section C of Article 4 is Part (ii) wherein the Grantor must choose the type of funding the Pet Caretaker is to receive. Select the first box if funding will be provided and enter the amount (in US dollars). Select the second box if no funding will be provided.
Step 7 – The last area that needs to be completed under Article 4, Section C is Part (iii), “3rd Party Enforcement.” Enter the name and address of the individual who will accept the responsibility of ensuring any funding provided to the Pet Caretaker is only used for the care of the Grantor’s pets.
Step 8 – Under Article 4, Section D, enter the names of the Beneficiaries who will receive equal shares of the residuary property after the Grantor’s death. The Beneficiaries Social Security numbers (or Tax ID numbers) and addresses must be included.
Step 9 – Go to Article 10; “Accounting.” At this juncture, the Grantor must decide how many times a Beneficiary can ask for an accounting of all property held within the Trust. Enter a number in the space provided and select only one (1) of the checkboxes beside it.
Step 10 – To name a Successor Trustee and 2nd Successor Trustee, enter their names and mailing addresses in the available fields under Article 13, Section A.
Step 11 – In order to provide funding to the Trustees, tick the second checkbox under Section I of Article 13. If the Grantor does not wish for the Trustees to be paid a reasonable fee, they can select the first checkbox under the same Article and Section.
Step 12 – Proceed to Article 15. Establish the number of days an individual or organization must survive the Grantor in order to make a claim on the Trust by entering a number in the field provided.
Step 13 – Under Article 17, select the box that applies to the Grantor’s current marital situation. If the Grantor is married, include the Spouse’s name as well.
Below that, it must be established what happens to the Grantor’s property and assets if both the Grantor and the Grantor’s Spouse die and it is indeterminable who died first. Select either the “Grantor Dies First” box or the “Grantor Dies Second”.
Step 14 – To help keep the Trust organized, enter the names of the Grantor’s children in the area provided under Article 18.
Step 15 – It also important to create a Trust with detailed instructions to avoid confusion upon the Grantor’s death. The Grantor should list any individuals or organizations they wish to specifically exclude from the Trust under Article 21.
Step 16 – Article 22 must be signed by the Grantor, the Trustee, and the Successor Trustee in order for the Grantor to have the power to revoke or alter the Trust. Included beside each signature should be a printed name and the date.
Step 17 – Fill in all fields on the Self-Proving Affidavit form (except Notary Acknowledgement; this is to be completed by a notary public) with the following information:
- State
- County
- Grantor’s signature and the date
- Trustee’s signature and the date
- Successor Trustee’s signature and the date
- 2nd Successor Trustee’s signature and the date
- Witness #1’s signature and the date
- Witness #2’s signature and the date
Step 18 – The last page of the form should include a list of all assets and property that will be held by the Trust.
