This is a foundational template for a Michigan Revocable Living Trust. In Michigan, this document is governed by the Michigan Trust Code (MCL 700.7101 et seq.).
Because this is a legal document that governs your entire estate, you should treat this as a drafting starting point. I recommend having a qualified Michigan attorney review the final version to ensure it aligns with your specific tax needs and family situation.
REVOCABLE LIVING TRUST AGREEMENT
THIS AGREEMENT is made this ____ day of ____________, 2026, by and between [YOUR NAME], of [Your County], Michigan, as Settlor, and [YOUR NAME], as Trustee.
ARTICLE I: NAME OF THE TRUST
This Trust shall be known as the [YOUR NAME] REVOCABLE LIVING TRUST.
ARTICLE II: TRUST PROPERTY
The Settlor hereby transfers to the Trustee the property described in Schedule A attached hereto. The Trustee shall hold, manage, and distribute such property, along with any property later added to the Trust, for the purposes set forth herein.
ARTICLE III: REVOCATION AND AMENDMENT
The Settlor reserves the right at any time during their lifetime to:
- Amend or modify this Agreement in writing.
- Revoke this Trust in whole or in part.
- Withdraw any assets from the Trust.
ARTICLE IV: DISTRIBUTIONS DURING SETTLOR’S LIFETIME
During the lifetime of the Settlor, the Trustee shall pay to the Settlor as much of the net income and principal of the Trust as the Settlor may request. If the Settlor becomes incapacitated, the Trustee may apply the income and principal for the Settlor’s support, health, and maintenance.
ARTICLE V: SUCCESSOR TRUSTEES
Upon the death or incapacity of the Settlor, [NAME OF SUCCESSOR TRUSTEE] shall serve as Successor Trustee. If they are unable or unwilling to serve, [NAME OF ALTERNATE SUCCESSOR] shall serve.
ARTICLE VI: DISTRIBUTION UPON DEATH
Upon the death of the Settlor, after the payment of final debts and expenses, the Trustee shall distribute the Trust assets as follows:
- Specific Gifts: [e.g., “I give $5,000 to my nephew, Sam Smith.”]
- Residuary Estate: All remaining Trust property shall be distributed to [BENEFICIARY NAME(S)], in [Equal Shares / Specific Percentages].
- Survival Clause: If a beneficiary does not survive the Settlor by 30 days, their share shall [pass to their descendants / be added to the shares of the other beneficiaries].
ARTICLE VII: TRUSTEE POWERS
The Trustee shall have all powers granted to trustees under the Michigan Trust Code, including the power to sell, lease, or mortgage trust property, and to invest trust assets as a “prudent investor.”
SIGNATURES AND NOTARIZATION
SETTLOR: __________________________
[YOUR NAME]
TRUSTEE: __________________________
[YOUR NAME]
STATE OF MICHIGAN
COUNTY OF [COUNTY NAME]
The foregoing instrument was acknowledged before me this ____ day of ____________, 2026, by [YOUR NAME], as Settlor and Trustee.
Notary Public, [County] County, Michigan
Acting in [County] County, Michigan
My Commission Expires: ___________
Next Steps for Your Documentation:
- Schedule A: You must create an attachment labeled “Schedule A” that lists the items you are putting in the trust (e.g., “Real property located at 123 Maple St, Detroit, MI” or “All personal effects”).
- The “Funding” Step: This document is the “manual,” but you still have to “fill the tank.” You must sign a new deed for your house and update your bank accounts to reflect the Trust as the owner.
- Witnessing: While Michigan law primarily requires a notary for trust validity, having two witnesses sign is considered “best practice” to prevent future challenges.
Would you like me to draft the “Schedule A” asset list or a “Pour-Over Will” to accompany this trust?