New York follows the Estates, Powers and Trusts Law (EPTL), and under this framework, a trust must have a clear declaration of intent, a designated grantor (you), a trustee (you or someone you appoint), and beneficiaries (even if general at first).
A revocable trust allows you, the grantor, to manage the assets during your lifetime and modify or revoke the trust at any time. Upon your incapacity or death, a successor trustee—named in the trust—takes over, ensuring continuity without the need for probate.
Your document should begin with a recital stating your full name, the name of the trust (e.g., The [Your Name] Revocable Living Trust), the date of execution, and your declaration of intent to create the trust under New York law.
Next, your trust will need specific articles or sections, starting with identification of the trustee and successor trustee, followed by a statement of powers. New York permits broad powers of trustees under EPTL §11-1.1 unless limited in the instrument, so you can grant your trustee powers to manage, sell, invest, or distribute property.
Include a section stating the trust is revocable during your lifetime and becomes irrevocable upon your death. You'll also want to clearly define beneficiaries—both primary (such as children or spouse) and contingent (e.g., siblings, nieces/nephews)—and what share of the trust estate they receive, either outright or held in further trust.
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I need an attorney to create trust documents for me.
I understand you need help creating trust documents. Have you already decided on the type of trust you would like to establish?
Yes
Are there any specific assets or beneficiaries you would like to include in the trust documents?
No
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with trust documents.
No
Good afternoon and welcome to AskaLawyer. Please give me a moment to review your question.
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I will try to give some thoughts...
Creating a trust in the United States involves establishing a legal arrangement in which a grantor (also known as the settlor) transfers assets to a trustee to hold and manage for the benefit of one or more beneficiaries. Even if you haven't yet identified specific assets or beneficiaries, you can still form the trust structure and later amend or fund it with property or accounts.
Common types of trusts include revocable living trusts, which allow the grantor to retain control and make changes during their lifetime, and irrevocable trusts, which generally offer greater asset protection and tax benefits but limit the grantor’s ability to alter the terms once established.
The document must clearly state the trust’s name, the intent to create the trust, the trustee's responsibilities, and a mechanism for successor trustees. It should also be signed and notarized according to the requirements of the applicable state law to be legally valid.
From a legal standpoint, the creation of a trust must comply with the state's probate and trust code—such as the California Probate Code or the Uniform Trust Code in other states—and reflect the fiduciary duties owed by the trustee to the beneficiaries.
Even if no assets or beneficiaries are currently designated, a trust instrument can still serve as a foundational planning tool, to be activated upon the grantor’s death or incapacity. However, to make the trust operative and avoid probate, it must be “funded”—which means transferring legal title of your assets into the trust’s name.
While an unfunded or “dry” trust may still be legally valid, its utility is limited unless used in conjunction with a pour-over will or similar estate planning instruments. You should also consider how the trust aligns with your long-term estate, tax, and incapacity planning goals, and ensure that the trust complies with formalities under your state’s laws to avoid challenges later.
Does that make sense?
I understand. I need help in creating the trust document.
Can I create it myself or would you be able to help?
You can likely find some templates online. If you prepare something and share, I'm glad to provide a proposal for review.
If you're looking for drafting help from scratch, I can pull something together for your use—just let me know and I can provide a proposal on this as well. Happy to help.
The templates I found online were somewhat complicated and did not meet what I had in mind. I have a name I would like to give to the trust. Perhaps you could help me out with drafting from scratch so I can understand every part of it. Thank you.
What state are you in?
New York.
New York follows the Estates, Powers and Trusts Law (EPTL), and under this framework, a trust must have a clear declaration of intent, a designated grantor (you), a trustee (you or someone you appoint), and beneficiaries (even if general at first).
A revocable trust allows you, the grantor, to manage the assets during your lifetime and modify or revoke the trust at any time. Upon your incapacity or death, a successor trustee—named in the trust—takes over, ensuring continuity without the need for probate.
Your document should begin with a recital stating your full name, the name of the trust (e.g., The [Your Name] Revocable Living Trust), the date of execution, and your declaration of intent to create the trust under New York law.
Next, your trust will need specific articles or sections, starting with identification of the trustee and successor trustee, followed by a statement of powers. New York permits broad powers of trustees under EPTL §11-1.1 unless limited in the instrument, so you can grant your trustee powers to manage, sell, invest, or distribute property.
Include a section stating the trust is revocable during your lifetime and becomes irrevocable upon your death. You'll also want to clearly define beneficiaries—both primary (such as children or spouse) and contingent (e.g., siblings, nieces/nephews)—and what share of the trust estate they receive, either outright or held in further trust.
Okay, I understand. I will need help getting a template. To fill all these details.
Best of luck, my friend.
Thank you, Sir.
