Revocable Trust Planning
Smart, Flexible Planning to Protect Your Family and Avoid Probate
A revocable living trust is one of the most effective estate planning tools available—but only when it’s designed correctly and properly funded. At Snake River Law, we help families create customized revocable trust plans that provide clarity, control, and peace of mind—both during life and after death.
Our focus is not just on creating documents, but on building a plan that actually works when your family needs it.
What Is a Revocable Living Trust?
A revocable living trust is a legal arrangement that allows you to:
- Hold and manage your assets during your lifetime
- Maintain full control (you can amend or revoke it at any time)
- Provide clear instructions for management during incapacity
- Transfer assets to your beneficiaries without probate after death
Because the trust is revocable, you can change it as your life, family, or finances evolve.
How a Revocable Trust Works
When you create a revocable trust:
- You transfer assets into the trust (this is called trust funding)
- You typically serve as your own trustee while you are alive and capable
- You name a successor trustee to step in if you become incapacitated or pass away
- Assets are managed and distributed according to the trust—without court involvement
Proper funding is just as important as the trust document itself. An unfunded trust often fails to avoid probate.
Benefits of Revocable Trust Planning
A properly designed revocable trust can:
- Avoid probate and the delays, costs, and publicity that come with it
- Provide continuity during incapacity, avoiding court-appointed guardianship
- Protect minor children by controlling how and when inheritances are distributed
- Support blended families with clear, enforceable instructions
- Simplify multi-state property ownership
- Reduce stress for your loved ones during difficult times
Who Should Consider a Revocable Trust?
Revocable trust planning is often ideal if you:
- Own real estate (in Idaho or other states)
- Have minor children or grandchildren
- Are part of a blended family
- Want to avoid probate and maintain privacy
- Own a business or complex assets
- Want clear incapacity planning
- Value long-term family harmony
Not everyone needs a trust—but many families benefit from one once they understand the options.
Revocable Trust vs. Will
A properly designed revocable trust can:
- Must go through probate
- Becomes a public court document
- Does not control assets during incapacity
- Avoids probate for properly titled assets
- Remains private
- Provides management during incapacity
Most comprehensive estate plans use a trust as the foundation, with a will serving as a backup.
What’s Included in a Trust-Based Estate Plan?
Revocable trust planning typically works alongside other essential documents, including:
- Pour-over will
- Financial power of attorney
- Medical power of attorney
- Living will / advance directive
- HIPAA authorization
- Guardianship planning for minor children
We ensure all pieces work together seamlessly.
Our Approach to Revocable Trust Planning
At Snake River Law, our process is
- Educational – you understand your options
- Customized – built around your goals, not templates
- Practical – designed for real-life use
- Forward-looking – adaptable as your life changes
We also guide you through trust funding, which is critical to success.
Updating or Fixing an Existing Trust
Already have a trust? We regularly help clients:
- Review outdated trusts
- Restate or amend existing plans
- Correct funding issues
- Coordinate trusts with beneficiary designations and business interests
An old or improperly structured trust can create more problems than it solves.
Revocable Trust FAQs
A properly designed revocable trust can:
A revocable living trust is a legal document that holds your assets during your lifetime and provides instructions for how those assets are managed during incapacity and distributed after death—without going through probate. Because the trust is revocable, you can change or cancel it at any time while you are alive and competent.
Yes—if the trust is properly funded. Assets that are titled in the name of a revocable trust pass outside of probate. Assets that are not transferred into the trust may still require probate, which is why trust funding is a critical part of the process.
Yes. Most trust-based plans include a pour-over will, which acts as a safety net to direct any assets not placed in the trust into the trust at death. A will alone does not avoid probate, but it supports the trust plan.
Yes. One of the key benefits of a revocable trust is flexibility. You can amend, restate, or revoke the trust at any time during your lifetime, as long as you have legal capacity.
In most cases, you do. The trust creator typically serves as their own trustee while alive and competent, retaining full control over trust assets. A successor trustee only steps in if you become incapacitated or pass away.
If you become incapacitated, your successor trustee can step in and manage trust assets according to the trust’s instructions—without court involvement. This helps avoid guardianship or conservatorship proceedings.
No. Revocable trusts are useful for families at many wealth levels, especially those who:
- Own real estate
- Have minor children
- Want to avoid probate
- Desire privacy
- Own out-of-state property
- Want clear incapacity planning
The value of a trust is often in simplicity and peace of mind, not just asset size.
No additional taxes are created by a revocable trust. For income and estate tax purposes, a revocable trust is generally treated the same as owning assets in your individual name. Your Social Security number is typically used while you are alive.
- Real estate
- Bank accounts
- Investment accounts
- Business interests
- Non-retirement personal property
Some assets, such as retirement accounts, are usually handled through beneficiary designations instead.
A revocable trust can be changed or canceled and is primarily used to avoid probate and plan for incapacity. An irrevocable trust generally cannot be changed and is often used for asset protection, tax planning, or Medicaid planning.
Online or DIY trusts often fail because they:
- Are not customized to Idaho law
- Are improperly funded
- Create ambiguity or conflicts
- Cause problems during administration
An improperly drafted trust can be worse than no trust at all.



