This is a simplified “Universal” draft that incorporates the legal requirements for both Virginia and Michigan.
Disclaimer: I am an AI, not an attorney. This draft is for educational purposes to show you how a “doctrine” is structured. Because you want asset protection, you should have a professional review the “Spendthrift” and “Irrevocability” clauses, as these are the most litigated parts of a trust.
THE [NAME] PRIVATE TRUST
DATE: ___________, 2026
ARTICLE I: THE PARTIES
This Trust Agreement is entered into by [Your Full Legal Name], of [Your County], [State], hereafter referred to as the Settlor, and [Name of Trustee], hereafter referred to as the Trustee.
ARTICLE II: TRUST NAME & PRIVACY
The formal name of this trust shall be The [Generic Name, e.g., Blue Sky] Trust. For the purpose of privacy, the Trustee is authorized to hold title to assets in this name alone or through a Certification of Trust as permitted by Virginia Code § 64.2-804 and Michigan Compiled Laws § 700.7913.
ARTICLE III: TRUST ASSETS (THE CORPUS)
The Settlor hereby transfers to the Trustee the sum of $10.00 and the property described in Schedule A (attached), to be held, managed, and distributed under the terms of this Trust.
ARTICLE IV: REVOCABILITY
(Choose one below based on your goals):
- [FOR PROBATE AVOIDANCE]: This Trust is Revocable. The Settlor reserves the right to amend or revoke this Trust at any time.
- [FOR ASSET PROTECTION]: This Trust is Irrevocable. The Settlor waives all rights to amend, modify, or revoke this Trust.
ARTICLE V: THE BENEFICIARIES
The primary beneficiary of this Trust during the lifetime of the Settlor shall be [Name]. Upon the death of the Settlor, the remaining assets shall be distributed to [Successor Beneficiary Names].
ARTICLE VI: TRUSTEE POWERS
The Trustee shall have all powers granted by the Michigan Estates and Protected Individuals Code (EPIC) and the Virginia Uniform Trust Code, including but not limited to:
- The power to sell, lease, or mortgage real estate.
- The power to invest in stocks, bonds, and business interests.
- The power to compromise or settle claims brought against the Trust.
ARTICLE VII: SPENDTHRIFT PROVISION
To the extent permitted by law, no interest of any beneficiary in the income or principal of this Trust shall be subject to voluntary or involuntary transfer, nor shall it be liable for the debts or obligations of any beneficiary or subject to attachment or any legal process.
ARTICLE VIII: EXECUTION
SETTLOR SIGNATURE: __________________________
TRUSTEE SIGNATURE: __________________________
NOTARY ACKNOWLEDGMENT
STATE OF ____________________
COUNTY OF __________________
On this ____ day of __________, 2026, before me personally appeared [Settlor Name], known to me to be the person described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed.
NOTARY PUBLIC
My Commission Expires: ___________
Important “Next Steps” for your Doctrine:
- The “Schedule A”: You must attach a piece of paper labeled “Schedule A” and list exactly what the trust owns (e.g., “Real property located at 123 Main St, Richmond, VA”).
- The Transfer: If you are putting your house in this trust, you must sign a new deed at the county office moving the house from “You” to “The Trustee of the Blue Sky Trust.”
- The Certification: Create a 1-page “Certification of Trust” based on this document. This is what you show to the bank so they never see your private “Article V” (the beneficiaries) or “Article VII” (the protection clauses).
Since you mentioned you wanted both privacy and asset protection, do you intend to be the Trustee yourself, or will you have a trusted friend or professional handle the management?