<Tr> <Td> <Ul> <Li> </Li> <Li> </Li> <Li> </Li> </Ul> </Td> </Tr> <Ul> <Li> </Li> <Li> </Li> <Li> </Li> </Ul> <P> A trust is a three - party fiduciary relationship in which the first party, the trustor or settlor, transfers ("settles") a property (often but not necessarily a sum of money) upon the second party (the trustee) for the benefit of the third party, the beneficiary . </P> <P> A testamentary trust is created by a will and arises after the death of the settlor . An inter vivos trust is created during the settlor's lifetime by a trust instrument . A trust may be revocable or irrevocable; in the United States, a trust is presumed to be irrevocable unless the instrument or will creating it states it is revocable, except in California, Oklahoma and Texas, in which trusts are presumed to be revocable until the instrument or will creating them states they are irrevocable . An irrevocable trust can be "broken" (revoked) only by a judicial proceeding . </P>

When an estate is held in a trust which party holds legal title