I’ve written several posts about the benefits of revocable living trusts (RLTs). But I still get a very basic question all the time: “What exactly is an RLT package?”
What’s in an RLT Package?
When you get an RLT package, you usually receive:
- Revocable Living Trust
- Pour-Over Will
- Durable Power of Attorney
- Advance Care Plan (often including a living will)
Let’s walk through what each of these does in real life, not just in legal-speak.
Revocable Living Trust
A revocable living trust is a legal arrangement where you, the Grantor, put money or property into a trust and name a Trustee to manage it for the Beneficiaries you choose.
The keyword is “revocable.” As long as you the Grantor, are alive and competent, you can change it, update it, or even cancel it if you want to.
Pour-Over Will
Probate is required if you die owning property in your name alone. That’s where people get caught: something gets left out of the trust.
A pour-over will is a safety net. It’s designed to “catch” anything you forgot to move into your trust and “pour” it into the trust at your death, so your plan still works the way you intended.
Durable Power of Attorney
Your RLT package also typically includes a durable general power of attorney (DPOA). This lets you name someone—called your “attorney in fact”—to handle legal and financial matters for you, like signing contracts or dealing with accounts.
Because it’s “durable,” it keeps working even if you lose mental capacity. That means your attorney in fact can move any stray assets into your trust if you’re no longer able to do it yourself.
Advance Care Plan and Living Will
The advance care plan lets you choose who can make medical decisions for you if you can’t speak for yourself.
If you need serious medical care, your caregiver may be asked for a living will or similar instructions. A living will is where you can say what treatments you do or do not want in certain serious conditions—for example, whether you’d want feeding tubes or breathing machines if there’s little hope of recovery.
How an RLT Package Helps While You’re Alive
During your lifetime, an RLT package can:
- Help you avoid a court-ordered conservatorship
- Give a clear plan for handling your finances and medical decisions
- Be updated or changed as your life and wishes change
How an RLT Package Helps After You’re Gone
Once you pass away, an RLT package:
- Handles your property like a will, but usually without probate—even for property in other states
- Is generally harder to challenge than a simple will
- Helps protect and provide for your loved ones the way you intended
- Keeps your personal business private, unlike a simple will, which becomes public record
What If You Don’t Have an RLT Package?
Here’s a real example. One of my favorite tax clients was a Harvard-trained lawyer. Even though I kept recommending an RLT, he kept putting it off.
When he finally decided he was ready and asked me to prepare his RLT package, he got very sick very quickly. He ended up in intensive care, and the medications he needed left him unable to sign the trust documents.
The only estate document he had was a ten-year-old will he had written himself. It didn’t even mention his new wife. A will has to go through probate. That meant more than five months of lawyers, court requirements, deadlines, affidavits, notices to beneficiaries, notices to creditors, notices to TennCare, opening and closing accounts, buying and selling assets, tax returns, and more.
His wife had to spend over $16,000 in legal fees just to get through the process—on top of dealing with her grief.
Putting off an RLT package isn’t just a paperwork issue. It can be an expensive, stressful burden for the people you love. Do yourself and your family a favor and take care of it while you still can.