A revocable trust—also known as a revocable living trust—is a trust that can be amended, modified, or terminated by the grantor, settlor, or trustor (person who created the trust) after it is created—and the grantor, settlor, or trustor may remove assets from the trust at any time. For example, a grantor, settlor, or trustor who terminates a revocable trust may recover the trust property or assets and any undistributed income.

Because a revocable trust may be revoked at any time it does not offer the tax benefits that an irrevocable trust offers. But a revocable trust may provide income from the assets to the grantor during the grantor’s lifetime and may allow the beneficiaries to avoid probate court, guardianship, or conservatorship proceedings, depending on the circumstances.

Laws vary from state to state but the grantor, settlor, or trustor usually must specify in the trust agreement that the trust is revocable or it will be considered irrevocable.

In South Carolina, a revocable trust, also known as a revocable living trust, is an estate planning tool that allows the person who creates the trust (grantor, settlor, or trustor) to maintain control over the trust assets during their lifetime. The grantor has the flexibility to amend, modify, or terminate the trust, and can remove assets from the trust at any time. This type of trust does not provide the same tax benefits as an irrevocable trust because the assets are still considered part of the grantor's estate for tax purposes. However, it can provide income to the grantor and, upon the grantor's death, allows the assets to pass to the beneficiaries without going through probate court, which can save time and money. Additionally, it may help avoid guardianship or conservatorship proceedings. In South Carolina, the trust document must explicitly state that the trust is revocable; otherwise, it will be presumed to be irrevocable. It's important to draft a revocable trust with the assistance of an attorney to ensure it meets all legal requirements and accurately reflects the grantor's intentions.