An active trust, or special trust, is a type of trust where the trustee, or active trustee, has active duties to carry out on behalf of the trust. Trusts normally require the trustee to distribute the assets of the trust to the beneficiaries. However, an active trust deals with profit collection such as rents and proceeds from the sale of property. So, the trustee is engaged in carrying out the trustee duties until the trust is satisfied.

Use active trusts for the sale of property and the collection of debts, rents or other fees associated with the estate. Create active trust documents to:

1. Allow for the proper handling of the transfer of property whether by sale or deed.

2. Collect any unrealized income, such as rental properties or profits from small businesses.

3. Handle all other real estate transactions through an active trust.

Action Steps
The best contacts and resources to help you get it done

Find active trust information from active trust specialists

An active trust is a complex estate planning tool. To get the most benefit from this type of trust requires the right trust language. Getting the right active trust advice means better active trust management and appropriate control over trust assets for the benefit of your loved ones.

I recommend: Use Find an Attorney by clicking on your state and trusts and estates in the type of law field to find trust experts near you. Try Attorneyfind.com by clicking on "trusts and estates" for areas of practice and the state in which you live.

Create active trust documents with online tools and resources

Because an active trust can be both an irrevocable living trust or revocable, depending your type of trust, they are relatively easy to produce with the right online tools and forms. Do it yourself trusts are a great resource when time is an issue and a trip to the attorneys office isn't possible.

I recommend: Both Lawinfo.com and AllAboutforms.com offer a variety of free and fee based trust documents and estate planning packages. You can use these living trust forms to create active trust language based on the type of assets you have.

Work with an active trust expert to determine if an active trust is right for you

During life's most difficult moments, getting the right answers before you need them is priceless. Active trust management can be confusing without the right expert services on your side. Choosing a qualified trust and estate attorney takes the worry out of making the right choices for your particular situation.

I recommend: Foley & Lardner and Reed Smith are global law firms with large estate planning and trust divisions to meet all your trust planning needs.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  Any type of trust requires a higher level of capacity than that of 'sound mind' applicable to wills. The required capacity is similar to contractual capacity such as that needed to sign a deed.
• •  Notarize any type of trust, including an active trust, in case it needs recording with the Register of Deeds.