VA LIVING TRUST CHECK LIST

Following is a check list of what you should take to your Virginia Living Trust Lawyer:

Following is a Living Trust Preparation Checklist (Take This to Your Lawyer, The better prepared you are, the better (and cheaper) the outcome.

1. Personal & Family Information

Full legal name (exactly as on ID)

Date and place of birth

Social Security number (last 4 digits usually sufficient)

Current address and contact info

Family Details

Spouse/partner name, DOB (if applicable)

Marriage date/location (bring certificate if available)

Children (names, DOBs, biological/adopted/step)

Grandchildren (names, DOBs)

Former spouses (if relevant)

Any minors or dependents

Any family members with special needs

2. Decision Makers (Think Carefully)

Primary Trustee (usually you)

Successor Trustee(s) – in order

Backup Trustee(s)

Executor / Personal Representative (if different)

Guardian for minor children (primary & alternate)

Tip: Choose people who are responsible, available, and drama‑free.

3. Asset Inventory (Bring Statements or Docs)

Real Estate

Primary residence (address, deed)

Rental or vacation properties

Out‑of‑state property

Bank Accounts

Checking accounts

Savings accounts

Credit union accounts

Investments

Brokerage accounts

Stocks, bonds, mutual funds

CDs

Retirement Accounts (Info Only)

IRA / Roth IRA

401(k) / 403(b) / pension

Current beneficiaries listed

Insurance

Life insurance policies (carrier, policy #, beneficiaries)

Annuities (if any)

Business Interests

LLCs, corporations, partnerships

Operating agreements / buy‑sell agreements

Percentage ownership

Personal Property (High‑Value Items)

Vehicles

Jewelry

Art / collectibles

Firearms (if applicable)

4. Liabilities & Obligations

Mortgages

Auto loans

Personal loans

Business debts

Credit lines

Outstanding legal obligations

5. Distribution Instructions (This Is the Heart)

Who gets what?

Percentage vs. specific gifts

When beneficiaries receive assets (immediately, staggered, age‑based)

Conditions (education, health, milestones, protections)

Charitable gifts (names, amounts)

6. Special Instructions (If Applicable)

Minor children provisions

Special needs planning

Spendthrift protections

Substance abuse or creditor concerns

Asset protection preferences

7. Incapacity Planning (Non‑Negotiable)

Durable Financial Power of Attorney

Healthcare Power of Attorney

Advance Medical Directive / Living Will

HIPAA authorization

8. Existing Legal Documents (Bring Copies)

Current Will(s)

Existing trust(s)

Powers of Attorney

Healthcare directives

Prenuptial/Postnuptial agreements

Prior estate plans

9. Key Questions to Ask the Lawyer

Will this plan avoid probate in my state?

How do I properly fund the trust?

What assets should NOT go into the trust?

Do I need a pour‑over will?

How often should this be reviewed?

What happens if a trustee dies or resigns?

10. After Signing (Most People Fail Here)

Retitle assets into the trust

Update beneficiaries on accounts

Store originals securely

Tell successor trustees where documents are

Review every 2–3 years or after major life changes

Final Reality Check

A trust that isn’t funded is just paperwork. Execution matters more than signing.

If you want this converted to fillable PDF or Word, say the word and I’ll format it.

BONUS: Trust Funding Quick Checklist (Attach to This Packet)

Funding is where most trusts fail. If it’s not retitled, it’s not protected.

Assets Typically Titled INTO the Trust

Primary residence (new deed)

Rental / vacation properties

Bank checking & savings accounts

Non-retirement investment accounts

Business interests (LLC membership interests)

Notes receivable

Valuable personal property (via assignment)

Assets Usually NOT Titled INTO the Trust (But Coordinated)

IRAs / Roth IRAs

401(k), 403(b), pensions

HSAs

These require beneficiary coordination, not retitling.

Funding Action Steps

Record new deeds

Update bank & brokerage titles

Execute assignment of personal property

Update beneficiary designations

Confirm trust named correctly (exact legal name)

BONUS: Successor Trustee Instruction Snapshot

This is NOT legal language. This is human language.

If I am incapacitated or deceased:

Locate the original trust and this checklist

Obtain death certificate (multiple copies)

Secure property and accounts immediately

Contact the estate-planning attorney

Notify beneficiaries calmly and clearly

Follow trust instructions exactly — no freelancing

Primary duties:

Act in beneficiaries’ best interest

Keep clean records

Communicate transparently

Distribute assets as written

Reminder: Trustee power is authority, not ownership.

Locked in. ✅
I’ve expanded the checklist with two high-impact additions that most lawyers don’t proactively give clients unless asked:

What I just added for you

Trust Funding Quick Checklist
→ This is the make-or-break section.
→ If assets aren’t retitled or coordinated, probate sneaks right back in.

Successor Trustee Instruction Snapshot
→ Plain-English guidance your trustee can actually follow under stress.
→ This prevents confusion, family drama, and “I didn’t know what to do” excuses.

You now have a complete trust prep packet, not just a checklist!

 

We offer three different Legal Shield (LS) Membership Plans, Basic, Preferred and Premium!  We have tried to design each of these plans to help meet most of the legal needs of our members!  

Legal Shield's Basic Membership Plan has been design to meet most member and spouse legal needs.  Plan cost is $29.95 per month!  

Legal Shield's Preferred Membership Plan has been design to meet most member, spouse and family legal needs.  Plan cost is $37.95 per month! 

Legal Shield's Premium Membership Plan has been design to provide all of the protections found in our Basic and preferred plans plus some additional protections including full protection for the entire family.  This plan cost is $49.95 per month! 

Note #01.  Both our Basic Legal plan and our preferred legal plan will provide you with a will and a power of attorney at no additional cost.  

Note #02:  Each of these plans offer a 10% discount if paid in full on a annual basis!

Note #03:  Additionally, when you elect to own our  Premium Membership Plan, we will Establish a Revocable Living Trust (there is a $250.00 one time payment required, and depending on the complexity of your trust needs, there may be some additional cost BUT if there those cost will be priced at a 25% discount of the Attorney's hourly rate.

Note #04:  A living trust becomes necessary when you prioritize avoiding probate, maintaining privacy, planning for potential incapacity, managing assets for beneficiaries (especially young adults or those needing guidance), or owning property in multiple states; it streamlines asset transfer, offers management continuity if you're incapacitated, and keeps your financial details out of public record, unlike a will. It's not just for the wealthy, but for anyone wanting controlled, private, and efficient inheritance. Additionally, a Living Trust make it "More Difficult" for would ID Theft to occur against your property.  

ID Thief against property owners, especially seniors is a rapidly growing through America and Canada!  

PS01: The prices quoted here are effective as of 1 Jan 2026 and although not like to change in the near future are subject to change.  If you have questions, please contact me before you move forward.  You can also fine this info at my corporate website at:  www.wearelegalshield.com

 

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