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HLG estate-planning guides · Illinois & Missouri

Living trusts: the document is only the beginning

If you are considering a trust-based estate plan, the useful question is not simply “Do I need a trust?” It is “What do I want the trust to accomplish, and which assets would it actually hold?”

What a revocable living trust does

A living trust is created during your lifetime. A revocable trust generally allows you to amend or revoke it while you have the authority and capacity to do so, and its terms direct how trust property is managed and distributed. A successor trustee can handle trust assets when the terms call for that transition. See the Illinois State Bar estate-planning guide and the Missouri Bar probate guide.

Funding is a separate step

Signing a trust agreement does not, by itself, place every asset in the trust. Funding may require changes to account ownership, deeds, assignments, or beneficiary arrangements, depending on the asset. Property held in a properly funded trust can pass outside probate, but property left outside it requires separate consideration. The Missouri Bar explains the funding process and its limits.

Before you hire a firm, ask who is responsible for each funding task and whether deed preparation, recording charges, asset transfers, or follow-up assistance are included in the quoted fee. Our engagement agreement identifies the work HLG is undertaking.

A trust is not a replacement for every other document

A trust-based plan may still need a will and powers of attorney. A pour-over will can address property left outside the trust, but that property may still pass through probate; a will also serves the separate role of nominating a guardian for minor children. These distinctions are explained in the Missouri Bar guide.

Nor should you assume a trust eliminates taxes, administration, or professional fees. The ISBA guide describes both benefits and continuing responsibilities; tax planning requires an analysis of your circumstances.

Questions worth asking

• What problem would a trust solve for my family?
• Who should act as successor trustee, and who is the backup?
• Which assets belong in the trust, and which require a different approach?
• Who completes and verifies the funding steps?
• What must be revisited when I buy property, change accounts, or move?

Hunsinger Law Group helps Illinois and Missouri clients compare planning approaches. Bring a general asset list and any existing trust to your consultation; we will discuss an appropriate scope rather than assume a trust is right for everyone.

Hunsinger Law Group, LLC · Attorney advertising. General information, not legal advice. State law and individual circumstances matter. Contacting the firm does not by itself establish an attorney-client relationship. Reviewed by Zach Hunsinger September 24, 2026.