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Who decides if I am incapacitated? 
Actually,you can. Your living trust can include a provision that lets you specify who has the au- 
thority to determine your ability to manage your affairs. You can even specify how many and 
what kinds of doctors you want to examine you. 
What happens when I die? 
Your trustee or co-trustee essentially has the same duties as an executor. Belshe collects any 
income or benefits, pays your remaining debts, sees that tax returns are filed, and distributes as- 
sets according to your trust's instructions. If estate tax planning is involved, he/she will work 
with your team of professionals to make sure everything is done properly. All of this is handled 
efficiently and privately, with no court interference. Again, your successor trustee will perform 
these duties if you are the only trustee or if your co-trustee is unable to act. 
Who can be successor trustees? 
Successor trustees can be individuals (your adult children, other relatives or trusted friends) and/ or 
a corporate trustee. If you choose an individual, you should name more than one in case your 
first choice is unavailable or unable to act. You can name two or more to act together. 
How do I know my successor trustee will do what I want? 
A trust is a binding legal contract, and trustees are fiduciaries; by law, they have a legal duty to 
follow your trust's instructions and act in a prudent (conservative) manner at all times for the 
benefit of your beneficiaries. If your successor trustee were to abuse his/her duties by not fol- 
lowing the instructions in your living trust, he/ she could be held legally liable. 
Choose your successor trustee(s) carefully-they have a lot of responsibility. Consider how busy 
your candidates are with their own affairs, how far away they live and how capable they are. Talk 
to them and see if they would be willing to serve. If you have any doubts or concerns, you should 
probably consider a corporate trustee. 
By the way, a successor trustee has no control or say in your affairs until he/ she steps in at your 
incapacity or death. And, of course, you can change your successor trustee(s) at any time until 
you become incapacitated or die. 
Who can be my beneficiaries? 
These are the people and/ or organizations who will receive your assets after you die. Most people 
leave their assets to relatives, but you can leave them to anyone or to any organization( s) you wish. 
Many people like to include a favorite charity or religious/fraternal organization. 
When will my beneficiaries receive their inheritances? 
With a living trust, that's up to you. Without one, it would be up to the courts. One of the most 
powerful benefits of a trust is that you can keep control over who will receive your assets, and 
when and how they will receive them. (This is one area where you definitely have more control 
when your assets are in a trust.) 
Since the court is not involved, assets can be distributed as soon as your successor trustee can 
wrap up your final affairs. Or assets can stay in your trust, managed by the person or corpo- 
rate trustee you have chosen, until your beneficiaries reach the age(s) you want them to inherit. 
For example, some parents prefer to give children or grandchildren their inheritances in 
installments so they have more than one opportunity to use the money wisely. 
Your trust can continue longer to provide for a loved one with special needs without disturbing 
valuable government benefits. If you are concerned about a beneficiary'S spending habits, you 
could have the trustee provide periodic income and keep the rest of his or her inheritance in 
the trust. You could also supplement the income of a child who wants to teach, be a pastor or 
missionary, or do other worthwhile but typically lower-paying work. 
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