Updated June 29, 2022
The Minnesota revocable living trust is an entity into which the creator of the trust (the Grantor) places their assets and property in order to avoid the probate of their estate. The Grantor (or Trustee) will continue to benefit from the included assets during their lifetime, with their estate being distributed amongst named Beneficiaries at the time of their death or incapacitation. With a revocable living trust, the Grantor also retains the power to revoke or change trust as they see fit. The primary benefit of a revocable living trust is that it saves the Beneficiaries from having to participate in lengthy probate court proceedings.
Laws – Chapter 529 – Uniform Custodial Trust Act
How to Write
Step 1 – Download in Adobe PDF, Microsoft Word (.docx), or Open Document Text (.odt).
Step 2 – Provide the following information into the indicated spaces of the first page of the trust document:
- Grantor’s name
- Date
- Grantor’s name
- Grantor’s mailing address
- Trustee’s name
- Trustee’s mailing address
- Name of the trust
Step 3 – If the Grantor will be including any “Specific Distributions,” enter the names of the recipients and properties beneath “Article 4,” section “A.”
Step 4 – In section “B,” select whether the Grantor’s personal property will be transferred to the Beneficiaries or to a specific “Personal Property Beneficiary.” If the latter is selected, enter the name, address, and SSN or TIN of the Personal Property Beneficiary into the indicated fields.
Step 5 – If the Grantor has any pets, enter the names and addresses of a Pet Caretaker and Alternate Pet Caretaker in section “C.”
Step 6 – Beneath “ii. Funding,” select whether the Pet Caretaker will receive funding or not. If they will receive funding, enter the dollar amount that will be provided and the length of time that the caretaker must care for the pet(s).
Step 7 – In “iii. 3rd Party Enforcement,” provide the name and address of the individual who will be appointed to ensure that your pet is receiving proper care from the Pet Caretaker.
Step 8 – Next, in section “D,” supply the following information for up to four (4) trust beneficiaries:
- Name
- Last 4 digits of SSN or TIN
- Address
Step 9 – In “Article 10,” you will need to enter the length of time required for a Beneficiary to inquire into the accounting of the trust’s properties.
Step 10 – Beneath “Article 13,” supply the names and addresses for two (2) Successor Trustees.
Step 11 – Next, beneath “Compensation of Trustee,” indicate whether or not the Trustee shall be compensated for their duties.
Step 12 – “Article 15” requires you to enter the number of days that Beneficiaries must wait after the Grantor is deceased before the trust is distributed.
Step 13 – For “Article 17,” it must be indicated whether the Grantor is married or not and if they are, what the name of their spouse is.
As a provision for the event that it cannot be determined whether the Grantor or their spouse dies first, indicate whose estate will benefit from the others.
Step 14 – Enter the names of the Grantor’s children (if any) into the appropriate space found in “Article 18.”
Step 15 – If there any individuals who are categorically excluded from this trust, their names should be written beneath “Article 21.”
Step 16 – Several signatures are required on pages 18 and 19 of the trust document. So, if the document is being filled out by the computer, it must be printed before providing the necessary signatures. On page 17 the signatures of the appointed Grantor, Trustee, and Successor Trustee, and the date of signing must be provided.
Step 17 – On page 19, you will need to provide the name of the appropriate “State” and “County,” along with the handwritten signatures (and the signing date) of the Grantor, Trustee, Successor Trustee, and two witnesses.
Step 18 – It is not required for a living trust to be notarized, but it is very highly recommended. A Notary Public can fill out page 19 by providing the following information in order to notarize your trust:
- Date of witness
- Name of Grantor
- Commission expiry date
- Notary’s signature
- Notary’s printed name
Step 18 – Lastly, in “Attachment A,” you must list all of the assets and properties which are to be put into the living trust.