ABA Family Legal Guide

Estate Planning

Trusts and Living Trusts

Other Kinds of Trusts

I understand that if I create a trust, I no longer own the property—the trustee does. This is profoundly unsettling to me. How can I be sure that the property won't be misappropriated?

The trust instrument itself, together with hundreds of years of legal cases and the current law in your state, provide rules for how the trustee must act. In legal terms, this body of law spells out the trustee's duties with respect to the trust property. To assuage your doubts, you might ask your lawyer to explain the trustee's duties and your legal rights.