At its most basic, a trust is a relationship between 3 people. These people are called the Grantor, the Trustee, and the Beneficiary.

• The Grantor sets up the trust and puts property into the trust.
• The Trustee is the manager of the trust.
• The Beneficiary is the person who benefits from the trust.

The relationship between Grantor, Trustee, and Beneficiary is called a trust relationship. The paper documents help to make sure that all of the parties involved know exactly what is expected of them.

Example:  When I gave money to my mother and asked her to buy my father a gift on their last vacation. I was the Grantor because it was my money that went to buy the gift. My mother was the trustee because she decided what to buy and when to buy it. My father was the Beneficiary because he got the gift.

The Grantor and the Trustee can be the same person. In fact the same person can be Grantor, Trustee, and Beneficiary. This is common when a Living Trust is created. The person putting the property into the trust can manage it himself for his own benefit.

Example: If Mr. and Mrs. Smith set up a trust they would put their property into the trust they would be the grantors of the trust. It is very common for people setting up a trust to decide to stay in control of the property they have put into the trust. In order to be in control of the trust assets the Smiths would name themselves as the trustees of the trust.

Since Mr. and Mrs. Smith will use the assets in the trust for their own needs, they are also the beneficiaries of the trust. In this case the Smiths are grantors, trustees, and beneficiaries of their trust.

Mr. and Mrs. Smith can name someone to take over management of the trust incase they become ill or die. This “successor trustee” may be a family member, a trusted friend, or a professional trustee. The successor trustee would have all of the same management powers that the Smiths had. The Smiths would also name future beneficiaries so the trust property will pass to them when both Mr. and Mrs. Smith have died. Since these matters have already been agreed upon, probate proceedings can be avoided.

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My office phone is (773) 905-1193

My office is located at 9924 S. Walden Parkway, Chicago, Illinois 60643

You can contact me by e-mail at: tom@mytrustlawyer.com