Difference Between Living Trust & Family Trust?

Difference Between Living Trust & Family Trust?

Among those who choose to use a trust as part of their estate plan, some are called Living Trusts and others are called Family Trusts.  What’s the difference?

The answer: “Not much.”

Technically, any trust that is set up in a person’s Last Will and Testament is a “Testamentary Trust.”

Any trust created and brought into existence while its creator is still alive is a “Living Trust.”

If the heirs named under a Living Trust are relatives of the person who created the trust (as is most often the case), it is often called a “Family Trust.”

So a Family Trust is really just another name for a trust in which the heirs are family members.


Author: Barry Peters. For additional easy-to-understand information on Wills, Trusts, and Probate, call attorney Barry Peters’ offices at (208) 939-2600 for your expedited appointment for a FREE OFFICE CONSULTATION or visit his Q & A pages at BarryPeters-Law.com/common-questions. As always, your total satisfaction is guaranteed by Barry Peters, Attorney at Law, where all clients receive individual attention to the details of their unique circumstances.

Leave a Reply

You must be logged in to post a comment.

Wit & Wisdom

The broad mass of a nation will more easily fall victim to a big lie than to a small one.

- Adolf Hitler


"Having asked Mr. Peters to do a series of legal transactions for me, I found his work to be done in an outstanding professional manner, completing each task thoroughly. His advice was in my best interest and was greatly appreciated. I highly recommend his services to others." (Irvin H., Boise, Idaho)