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Understanding the Distinction between Testamentary Trusts and Inter Vivos (Living) Trusts

Build your estate plan online! MyAdvocate is the online solution for creating and maintaining your Will and all other legally-valid estate planning documents. Click the link below to get started! -- For prospective law firm clients who want to schedule a free 15 minute initial phone call with Paul Rabalais, go to: This post should help you understand the difference between a testamentary trust and an inter vivos trust. All trusts are either testamentary or inter vivos. Inter vivos trusts are also called "Living Trusts." The best way to describe the difference is to put them in context of a real-life situation. Let's say Jack is engaged in his estate planning. He is married to Jill and he has two children. He wants to leave his estate in a way so that Jill is taken care of, but after Jill dies, he wants his estate to go to his two children. Jack goes to an attorney and the attorney prepares a Will with Testamentary Trust. The terms of the trust are a pa