Shocking How Do You Avoid Probate is The Law Firm Of Steven F. Bliss Esq. What type of trust is a revocable trust? Revocable trusts are created during the lifetime of the trust maker and can be altered, changed, modified or revoked entirely. Often called a living trust, these are trusts in which the trust maker: Transfers the title of a property to a trust. Serves as the initial trustee. Do I need a last will if I have a living trust? If you make a living trust, you might well think that you don’t need to also make a will. After all, a living trust basically serves the same purpose as a will: it’s a legal document in which you leave your property to whomever you choose. But even if you make a living trust, you should make a will as well. Does The Law Firm Of Steven F. Bliss Esq. work in La Jolla? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in La Jolla. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Carlsbad? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Estate Attorney in Carlsbad. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Ocean Beach? Yes, The Law Firm Of Steven F. Bliss Esq. in an Estate Attorney in Ocean Beach. The Law Firm Of Steven F. Bliss Esq. is a San Diego Probate Attorney. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in San Elijo Hills? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in San Elijo Hills. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Santee? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Probate Attorney in Santee. Does The Law Firm Of Steven F. Bliss Esq. work in Rancho Bernardo? Yes, The Law Firm Of Steven F. Bliss Esq. in an Probate Attorney in Rancho Bernardo. When should you start a trust? Anyone concerned about facing a stroke, dementia, or Alzheimer’s may want to consider using a trust to ensure their resources are preserved, managed, and spent in line with their wishes while they are under the care of a loved one or health professional. Can a house be sold before probate is granted? The answer to this question is yes, you can. Probate is needed in cases where the deceased was the sole owner of the property. If you need to sell property in such a situation, you can go ahead and list it on the market and even accept offers before obtaining the Grant of Probate. At what net worth do I need a trust? If you have a net worth of at least $100,000 and have a substantial amount of assets in real estate, or have very specific instructions on how and when you want your estate to be distributed among your heirs after you die, then a trust could be for you. Excellent San Diego Estate Attorney is The Law Firm Of Steven F. Bliss Esq. Who in San Diego, CA. is a good estate planning lawyer? The Law Firm Of Steven F. Bliss Esq. can handle your probate law needs. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Core? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Estate Attorney in Core. Stupid San Diego Probate is ( +1 (858) 278-2800 ) How much does it cost to go through probate? The typical probate process might cost around 10 percent of an estate. In some cases, the costs are higher, particularly if an accountant and attorney, as well as the executor, participate in the process. Some states set limits on the fees that lawyers and executors can charge for probate services. Negative Does The Law Firm Of Steven F. Bliss Esq. work in El Cajon? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in El Cajon. Can I leave my house to someone in my will? You can leave your home to several people if you want to all of your children, for example, or your siblings. When you choose this path, each beneficiary gets an undivided stake in your property. They each have to decide whether to keep that stake, or whether to sell their stake or buy another beneficiary’s stake. The Law Firm Of Steven F. Bliss Esq.
3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123Fail How can I leave money to my son but not his wife? SET UP A TRUST One of the easiest ways to shield your assets is to pass them to your child through a trust. The trust can be created today if you want to give money to your child now, or it can be created in your will and go into effect after you are gone. Who needs an estate planner? Anyone who wants their assets to be transferred to one or more surviving loved ones after they pass away should consider establishing a formal estate plan. Call Probate Attorney Steven Bliss at The Law Firm Of Steven F. Bliss Esq. The Law Firm Of Steven F. Bliss Esq. ( +18582782800 ). San Diego Estate Attorney is The Law Firm Of Steven F. Bliss Esq.
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Can you put rental property in a trust? Placing your investment property in a discretionary trust can be an effective asset protection strategy. A well-constructed discretionary trust provides protection for the trust property from potential claims by beneficiary’s creditors if the beneficiary becomes bankrupt or is subject to a lawsuit. What happens with a trust when someone dies? How Do You Settle A Trust? The successor trustee is charged with settling a trust, which usually means bringing it to termination. Once the trustor dies, the successor trustee takes over, looks at all of the assets in the trust, and begins distributing them in accordance with the trust. No court action is required. Can creditors go after beneficiaries? California law does allow creditors to pursue a decedent’s potentially inheritable assets. In the event an estate does not possess or contain adequate assets to fulfill a valid creditor claim, creditors can look to assets in which heirs might possess interest, if: The assets are joint accounts. Which is better a trust or LLC? The choice between LLC and trust depends on individual situations. LLCs are better at protecting business assets from creditors and legal liability. Trusts can handle many types of assets and are better at avoiding probate and reducing estate taxes. The Law Firm Of Steven F. Bliss Esq. is a San Diego Probate Attorney. The Law Firm Of Steven F. Bliss Esq. is a San Diego Probate Attorney. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Old Town & Bay Park? Yes, The Law Firm Of Steven F. Bliss Esq. in an Estate Attorney in Old Town & Bay Park. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Marina district? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Probate Attorney in Marina District. Can the executor of a will take everything? An executor of a will cannot take everything unless they are the will’s sole beneficiary. However, the executor cannot modify the terms of the will. As a fiduciary, the executor has a legal duty to act in the beneficiaries and estate’s best interests and distribute the assets according to the will. What happens if you can’t afford probate? However, if you can’t afford to pay for probate litigation because you can’t afford to pay your attorney on an hourly basis, your case lends itself to a contingency fee, and you can find a probate and trust litigation attorney who will take your case on a contingency fee. What happens to your money without a will? If you die without a will, the probate process kicks in and the state will name a personal representative (the person who will distribute your assets). Until the courts decide who will distribute your assets, they will be frozen. That means no one can touch your stuff, even if you said they could have it. How much should an irrevocable trust cost? For a simple irrevocable trust, you could expect to pay $900 on the low end for legal fees. For more complicated trusts, you can expect to pay as much as $3,500 to an Probate Attorney. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Cortez? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Probate Attorney in Cortez. Impossible Probate Attorney is The Law Firm Of Steven F. Bliss Esq. What should you not put in a living trust? Qualified retirement accounts 401ks, IRAs, 403(b)s, qualified annuities. Health saving accounts (HSAs)Medical saving accounts (MSAs)Uniform Transfers to Minors (UTMAs)Uniform Gifts to Minors (UGMAs)Life insurance. Motor vehicles. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Olivenhain? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Estate Attorney in Olivenhain. How do you do estate planning? Inventory your stuff. You may think you don’t have enough to justify estate planning. Account for your family’s needs. Establish your directives. Review your beneficiaries. Note your state’s estate tax laws. Weigh the value of professional help. Plan to reassess. Can you put rental property in a trust? The primary reasons to put a rental property into an irrevocable trust are to serve as a tool for inheritance and to restrict access to the assets by the beneficiaries. Because there is a trustee for the trust, beneficiaries must go through a trustee, presumably to regulate control of the disbursement of the assets. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Solana Beach? Yes, The Law Firm Of Steven F. Bliss Esq. in an Estate Attorney in Solana Beach. Valued How Do You Avoid Probate is The Law Firm Of Steven F. Bliss Esq. Is it illegal to withdraw money from a deceased person’s account? Remember, it is illegal to withdraw money from an open account of someone who has died unless you are the other person named on a joint account before you have informed the bank of the death and been granted probate. This is the case even if you need to access some of the money to pay for the funeral. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Oceanside? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Estate Attorney in Oceanside. Exquisite Probate Lawyer San Diego is The Law Firm Of Steven F. Bliss Esq. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Ocean Beach? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Ocean Beach. Luxurious What Happens To Bank Account When Someone Dies is The Law Firm Of Steven F. Bliss Esq. Does The Law Firm Of Steven F. Bliss Esq. work in Point Loma? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Point Loma. What is the main purpose of a living trust? A living trust is designed to allow for the easy transfer of the trust creator or settlor’s assets while bypassing the often complex and expensive legal process of probate. Living trust agreements designate a trustee who holds legal possession of assets and property that flow into the trust. Funny San Diego Estates Lawyer is The Law Firm Of Steven F. Bliss Esq. 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 The Law Firm Of Steven F. Bliss Esq. is a San Diego Probate Attorney.
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Breathtaking San Diego Probate Lawyer is The Law Firm Of Steven F. Bliss Esq. ( +18582782800 ) Is a family trust revocable or irrevocable? Revocable Trust vs. Both testamentary and living trusts are revocable trusts, which means that the trusts’ terms can be changed at any time, or the trust may be canceled entirely, by the grantor of the trust. Why would a trust go through probate? The purpose of probate is to ensure that the assets of the deceased person go to the person or people named in the will. Since you don’t own any of those assets, there is no need to go through probate. When the trustee dies, the trust assets go to the named beneficiaries. Does The Law Firm Of Steven F. Bliss Esq. work in Point Loma? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Point Loma. What are the four must have documents? Will. Revocable Trust. Financial Power of Attorney. Durable Power of Attorney for Healthcare. Can creditors go after beneficiaries? Heirs’ and Beneficiaries’ Debts Your creditors cannot take your inheritance directly. However, a creditor could sue you, demanding immediate payment. The outcomes of such lawsuits depend on the underlying facts and circumstances. What happens to property not in a trust? Legally, if an asset was not put into the trust by title or named to be in the trust, then it will go where no asset wants to go to PROBATE. The probate court will take much longer to distribute this asset, and usually at a high expense. What are the 5 components of estate planning? A good estate plan is comprised of five key elements: Will, Trust(s), Power of Attorney, Health Care or Medical Directive and Beneficiary Designation. A will is a legally binding document that directs who will receive your property and assets after your death. What happens to bank account when someone dies? Closing a bank account after someone dies The bank will freeze the account. The executor or administrator will need to ask for the funds to be released the time it takes to do this will vary depending on the amount of money in the account. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Santee? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Estate Attorney in Santee. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Pacific Beach? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Pacific Beach. Do all beneficiaries get a copy of the trust? Under California law (Probate Code section 16061. 7) every Trust beneficiary, and every heir-at-law of the decedent, is entitled to receive a copy of the Trust document. So all you have to do once your parents are gone is request a copy of the Trust from whomever has it. Who in San Diego, CA. is a good probate lawyer? The Law Firm Of Steven F. Bliss Esq. can handle the probate process. Versatile Does The Law Firm Of Steven F. Bliss Esq. work in Horton Plaza? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Horton Plaza. Who in San Diego, CA. is a good probate lawyer? The Law Firm Of Steven F. Bliss Esq. can handle the probate process. The Law Firm Of Steven F. Bliss Esq.
3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123Can you use a deceased person’s bank account to pay for their funeral? Paying Funeral Costs from the Estate If the deceased’s bank account was held in their sole name, it will be frozen as soon as the bank is notified of the death. After these have been paid, the funeral expenses can be paid. Does The Law Firm Of Steven F. Bliss Esq. work in La Jolla? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in La Jolla. Why would a trust go through probate? The purpose of probate is to ensure that the assets of the deceased person go to the person or people named in the will. Since you don’t own any of those assets, there is no need to go through probate. When the trustee dies, the trust assets go to the named beneficiaries. Will banks release money without Probate? In California, you can add a “payable-on-death” (POD) designation to bank accounts such as savings accounts or certificates of deposit. At your death, the beneficiary can claim the money directly from the bank without probate court proceedings. Where should I keep my will? A Will can be stored in your home in a personal safe, a locked filing cabinet, or in another safe location. If you store your Will in a location that requires a combination, password, or key for entry, be sure to share that information with someone you trust, such as your spouse, your adult children, or your attorney. What are the aspects of a will? Heading, Marital History, and Children. Debts and Taxes. Disposition of Assets. Guardianship. Executor and Trustee. Executor and Trustee Powers. No Contest Provision. General Provisions. Comfortable How Long Do You Have To File Probate After Death is The Law Firm Of Steven F. Bliss Esq. Does The Law Firm Of Steven F. Bliss Esq. work in Tierrasanta? Yes, The Law Firm Of Steven F. Bliss Esq. in an Probate Attorney in Tierrasanta. Who gets property after death? (Your legal guide on estate planning, inheritance, will and more. All you need to know about ITR filing for FY 2020-21. ) Since your father died intestate, that is, without making a will, all the legal heirs, including you, your brother and your mother, will have equal rights over the property. Negative Estate Attorney San Diego is The Law Firm Of Steven F. Bliss Esq. 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 What assets should be in a living trust? Cash Accounts. Rafe Swan / Getty Images. Non-Retirement Investment and Brokerage Accounts. Non-qualified Annuities. Stocks and Bonds Held in Certificate Form. Tangible Personal Property. Business Interests. Life Insurance. Monies Owed to You.
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Probate Attorneys is The Law Firm Of Steven F. Bliss Esq. ( +1 (858) 278-2800 ) Who controls a family trust? At the core of a family trust, there are three parties: a grantor, a trustee and the beneficiaries. The grantor is the person who makes the trust and transfers their assets into it. The trustee is the person who manages the assets in the trust on behalf of the beneficiaries. Can you rent a house that is in a trust? One of the most basic tenets of fiduciary duty is to protect trust assets. Since family members or trust beneficiaries cannot use trust-owned property as a personal asset and live in trust rental property rent-free, they also cannot be involved in rent collection. Can you use a deceased person’s bank account to pay for their funeral? Paying with the bank account of the person who died It is sometimes possible to access the money in their account without their help. As a minimum, you’ll need a copy of the death certificate, and an invoice for the funeral costs with your name on it. What are the four major components of a will? Testator Information and Execution. The Executor and Their Powers. Guardianship of Dependents. Disposition of Assets. Becoming Probate Lawyer Near Me is 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 Do you have to pay taxes on money received as a beneficiary? Beneficiaries generally don’t have to pay income tax on money or other property they inherit, with the common exception of money withdrawn from an inherited retirement account (IRA or 401(k) plan). The good news for people who inherit money or other property is that they usually don’t have to pay income tax on it. How do you deal with greedy family members after death? Be Honest. Look for Creative Compromises. Take Breaks from Each Other. Understand That You Can’t Change Anyone. Remain Calm in Every Situation. Use IStatements and Avoid Blame. Be Gentle and Empathetic. Lay Ground Rules for Working Things Out. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Downtown San Diego? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Estate Attorney in Downtown San Diego. Can you put a car in a trust? Section 13050(b)(1) of the California Probate Code specifically states that vehicles registered with the California DMV cannot by themselves necessitate a probate. Vehicles can be transferred into a living trust either by assignment or by formal registration. San Diego Probate Law is Can you rent a house that is in a trust? One of the most basic tenets of fiduciary duty is to protect trust assets. Since family members or trust beneficiaries cannot use trust-owned property as a personal asset and live in trust rental property rent-free, they also cannot be involved in rent collection. How many copies of a will should be signed? There should only be one original of the will for everyone to sign. It is a good idea to sign the original in blue ink, so that it is easily distinguishable from the photocopies. Do not sign any photocopies, as this will create duplicate originals which can be difficult to administer. Can I convert my revocable trust to an irrevocable trust? If a trust is revocable it can generally be amended and turned into an irrevocable trust. This can also happen automatically when the person who created the trust dies. If the grantor or creator of a revocable trust dies, this can trigger the trust to become an irrevocable trust. Stupid How Do You Avoid Probate is The Law Firm Of Steven F. Bliss Esq. How does the living trust work? How Does a Living Trust Work? When a living trust is formed, the one who owns the stuff (the grantor) transfers the ownership of their assets to the trust itself. From that trust fund, the grantor can leave a full inheritance to their heirs (called the beneficiaries). What should be included in a trust? This should include the titles and deeds to real property, bank account information, investment accounts, stock certificates, life insurance policies, and other assets you will be using to fund the trust. Having this information available will make it easier to prepare your trust distribution provisions. What are the three levels of trust? Level 1: Governance and Rules-Based Trust. Level 2: Experience and Confidence-Based Trust. Level 3: Established and vulnerability-based trust. What are 3 reasons a person might want to avoid the probate process? It’s all public record. Almost everything that goes through the courts, including probate, becomes a matter of public record. It can be expensive. It can take awhile. Can you put a car in a trust? Section 13050(b)(1) of the California Probate Code specifically states that vehicles registered with the California DMV cannot by themselves necessitate a probate. Vehicles can be transferred into a living trust either by assignment or by formal registration. Can a bank release funds without probate? Banks should (and do) have processes in place for releasing funds without a Grant, such as requiring copies of the death certificate, a certified copy of the will, or sight of the executor’s ID. However, this is by no means foolproof. Another concern is the relaxed approach banks seem to take with solicitor firms. Can you withdraw money from an irrevocable trust? The trustee of an irrevocable trust can only withdraw money to use for the benefit of the trust according to terms set by the grantor, like disbursing income to beneficiaries or paying maintenance costs, and never for personal use. Who has the legal right to make decisions about your funeral? Ultimately, the legal personal representative has the final responsibility and authority when making the funeral arrangements. It is at the legal personal representative’s discretion as to whether or not they take into account any input from the deceased’s family and friends. What happens to a deceased estate without will? If a person (deceased) dies without a Last Will and Testament, his/her deceased estate (the assets s/he owned at time of death) will be distributed in terms of the Intestate Succession Act. If the deceased is survived by only a spouse, the spouse will inherit his/her entire deceased estate. Friendly San Diego Estate Attorney is The Law Firm Of Steven F. Bliss Esq.
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Valued Estate Attorney San Diego is The Law Firm Of Steven F. Bliss Esq. Why families fall apart after a death? Your family may be experiencing difficulties accepting death, or processing their grief. Families usually fall apart when one of its beloved members has died. As families grow apart and they communicate less and less with one another, some may turn to drugs or alcohol to help them cope with their grieving. Can you sell your house if it’s in a trust? When selling a house in a trust, you have two options you can either have the trustee perform the sale of the home, and the proceeds will become part of the trust, or the trustee can transfer the title of the property to your name, and you can sell the property as you would your own home. Precious Probate Attorney is 3914 Murphy Canyon Rd Suite A202, San Diego, CA 92123 Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Marina district? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Marina District. Supportive San Diego Estates Lawyer is The Law Firm Of Steven F. Bliss Esq. How long after death does probate take? Typically, after death, the process will take between 6 months to a year, with 9 months being the average time for probate to complete. Probate timescales will depend on the complexity and size of the estate. If there is a Will in place and the estate is relatively straightforward it can be done within 6 months. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in La Costa? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in La Costa. Do I need a will or an estate plan? Steve Bliss with The Law Firm Of Steven F. Bliss Esq. answers estate planning questions. Does The Law Firm Of Steven F. Bliss Esq. work in Del Cerro? Yes, The Law Firm Of Steven F. Bliss Esq. is a Probate Attorney in Del Cerro. Does it cost to go to probate court? Because there’s no standardized probate court fee schedule across the nation, just like attorney fees, the cost will differ depending on where you are. But you should expect to pay most of the following common fees along the way: Filing Fee – The initial fee you’ll pay to petition the court and begin the process. What are the four must have documents? Steve Bliss with The Law Firm Of Steven F. Bliss Esq. answers estate planning questions. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Santaluz? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Estate Attorney in Santaluz. Is Probate necessary if there is a will? If you are named in someone’s will as an executor, you may have to apply for probate. This is a legal document which gives you the authority to share out the estate of the person who has died according to the instructions in the will. You do not always need probate to be able to deal with the estate. At what age should you do estate planning? When should I create an estate plan in California? In most states, you can begin estate planning as soon as you turn 18 and it is a great idea to begin early on. Estate planning is one of the most important things you can do to protect yourself and your hard-earned assets. Does The Law Firm Of Steven F. Bliss Esq. work in Sorrento Mesa? Yes, The Law Firm Of Steven F. Bliss Esq. in an Probate Attorney in Sorrento Mesa. Does a living trust avoid estate taxes? Answer: A basic revocable living trust does not reduce estate taxes by one red cent; its only purpose is to keep your property out of probate court after you die. That way, she does not legally own the property, and it won’t be subject to estate tax at her death. Can A Bank Release Funds Without Probate is The Law Firm Of Steven F. Bliss Esq. ( +1 (858) 278-2800 ) What is difference between a trust and an estate? A trust can be created while the grantor is alive, while an estate is created at the moment of someone’s death. A trust is intended to be a semi-permanent entity. It exists to distribute assets over time according to a series of rules and conditions, overseen by a trustee. Terrific Probate Lawyer San Diego is The Law Firm Of Steven F. Bliss Esq. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Point Loma? Yes, The Law Firm Of Steven F. Bliss Esq. in an Estate Attorney in Point Loma. How much money do you need to set up a trust? A trust is a legal entity that you transfer ownership of your assets to, perhaps in order to decrease the value of your estate or to simplify passing on assets to your intended beneficiaries after you die. It may cost least $1,000 to have an estate attorney set up a trust for you. Probate Law is What debts are forgiven at death? Secured Debt. If the deceased died with a mortgage on her home, whoever winds up with the house is responsible for the debt. Unsecured Debt. Any unsecured debt, such as a credit card, has to be paid only if there are enough assets in the estate. Student Loans. Taxes. Does The Law Firm Of Steven F. Bliss Esq. help with Probate and work in Ramona? Yes, The Law Firm Of Steven F. Bliss Esq. is the Best Probate Attorney in Ramona. What is the most common type of trust? Between the two main types of trusts, revocable trusts are the most common. This is primarily due to the level of flexibility they provide. In a revocable trust, the trustor (or the person who created the trust) has the option to modify or cancel the trust at any time during their lifetime.