Comprehensive Guide to Revocable Living Trusts in Livingston
A revocable living trust can be an effective component of an estate plan for residents of Livingston and Overton County. This document explains how a trust works, who benefits from one, and the practical steps involved in creating and maintaining it. Many people choose a revocable living trust to manage assets during their lifetime and to provide a smoother transfer to heirs after death. This guide will cover common uses, potential advantages for probate avoidance, and considerations specific to Tennessee law so you can make an informed decision about whether a trust fits your family and financial goals.
Deciding whether to use a revocable living trust often depends on personal circumstances such as the complexity of your estate, privacy concerns, and the desire to simplify administration for loved ones. While a trust does not replace other estate planning tools, it can work alongside wills, powers of attorney, and health care directives to form a coherent plan. Here we outline what to expect during the process of setting up a trust, how assets are funded into the trust, and how a living trust functions during incapacity and after death, with an emphasis on practical steps for Livingston residents.
Why Revocable Living Trusts Matter for Local Families
A revocable living trust provides several benefits for families in Livingston, including greater privacy and the potential to avoid the time and cost associated with probate. Unlike a will, a trust generally does not become public record, helping protect family financial details. It can also designate a trusted person to manage assets if you become unable to do so, providing continuity in financial affairs. While a trust does not eliminate all estate administration tasks, thoughtful drafting and proper funding of assets can reduce stress and delay for your heirs and make transitions smoother during difficult times.
About Jay Johnson Law Firm and Our Approach to Trust Planning
Jay Johnson Law Firm provides estate planning and probate services for clients across Tennessee, including Livingston. Our approach emphasizes clear communication, practical planning, and individualized documents that reflect each family’s priorities. We assist with the creation of revocable living trusts, transfer of assets into trust, and coordination with wills and powers of attorney. Clients can expect careful attention to local legal requirements and thoughtful explanations of the tradeoffs involved in trust planning, so they can make decisions that align with their personal, family, and financial objectives.
Understanding Revocable Living Trusts: Basics and Key Considerations
A revocable living trust is a legal arrangement where the grantor places assets into a trust while retaining the ability to modify or revoke it during life. The trust names a trustee to manage those assets for the benefit of named beneficiaries. In practice, revocable trusts are used to provide continuity of asset management, to plan for incapacity, and to allow for a more direct transfer of property at death. It remains important to fund the trust properly so intended assets are owned by or titled in the name of the trust to achieve the expected benefits.
While a revocable living trust can simplify certain aspects of estate administration, it is not a one size fits all solution. Some assets, such as certain retirement accounts, require beneficiary designations and may not transfer to a trust without unintended tax consequences. Real property and financial accounts typically must be retitled into the trust to be effective. Working through the details of funding, successor trustee designation, and coordination with existing beneficiary designations helps ensure the trust operates as intended for both day to day management and eventual transfer to heirs.
What a Revocable Living Trust Is and How It Works
A revocable living trust is a private legal document created during a person’s lifetime that holds title to assets and sets terms for their management and distribution. The person who creates the trust, known as the grantor, typically serves as the initial trustee and retains control over assets, with the option to change beneficiaries or revoke the trust. A successor trustee is named to step in if the grantor becomes incapacitated or dies. The trust provides a mechanism for managing property without the court-supervised probate process for trust-held assets, although other steps may still be necessary to finalize affairs after death.
Key Components and Steps in Establishing a Living Trust
Establishing a revocable living trust involves drafting the trust document, designating trustees and beneficiaries, and funding the trust by transferring assets into its name. The document should include clear instructions about management during incapacity and distribution at death. Funding may involve retitling real estate, moving brokerage accounts, or changing payable-on-death designations where appropriate. Regular review is also an important process, especially after major life events like marriage, divorce, or changes in assets. Proper documentation and coordination with other estate planning instruments make the trust function as intended.
Key Terms and Glossary for Revocable Living Trusts
Understanding common terms used in trust planning helps demystify the process and ensures informed decisions. This glossary covers the grantor, trustee, successor trustee, beneficiaries, funding, and related concepts so that clients in Livingston can communicate effectively about their plans. Familiarity with these terms makes it easier to review trust documents, ask targeted questions during planning meetings, and confirm that the trust aligns with family goals and Tennessee law. Clear definitions reduce confusion when coordinating trusts with wills and other planning tools.
Grantor
The grantor is the person who creates and funds the revocable living trust. As grantor, this individual typically retains the power to manage trust assets, change beneficiaries, and revoke the trust during their lifetime. The grantor’s intentions are recorded in the trust document, which guides how assets will be handled if the grantor becomes incapacitated or passes away. It is important for the grantor to specify successor trustees and to clearly express distribution instructions to avoid ambiguity and disputes among beneficiaries later on.
Successor Trustee
A successor trustee is the person or entity designated to manage the trust if the original trustee is unable to perform those duties due to incapacity, resignation, or death. The successor trustee carries out the trust’s terms, pays debts and taxes, and distributes assets to beneficiaries according to the trust document. Selecting a reliable successor trustee and providing clear guidance in the trust can prevent delays and disagreement during a difficult time and help ensure continuity in financial management for the trust beneficiaries.
Funding the Trust
Funding the trust means transferring title or ownership of assets into the name of the trust so the trust can control them. This process can include retitling real estate, changing account ownership for bank and investment accounts, and assigning personal property to the trust. Proper funding is essential for a trust to accomplish its goals because assets left outside the trust may still be subject to probate. Clear instructions and careful handling of deeds, account forms, and beneficiary designations help ensure the trust holds intended assets.
Pour-Over Will
A pour-over will is a will designed to capture any assets that were not transferred into a revocable living trust during the grantor’s lifetime and to transfer those assets into the trust upon death. While it serves as a backup to direct assets to the trust, items passing through a pour-over will may still require probate administration. The pour-over will therefore works together with the trust to consolidate distributions, but careful planning and funding remain important to minimize the need for probate proceedings for estate assets.
Comparing Legal Options: Trusts, Wills, and Other Tools
Choosing between a revocable living trust, a will, or a combination of documents depends on priorities such as privacy, probate avoidance, cost, and administrative simplicity. A will is often simpler to create but becomes part of public record and generally requires probate to transfer assets. A revocable living trust can provide greater privacy and smoother transitions for trust property, but it requires proper funding and may involve additional initial paperwork. Other tools like powers of attorney and beneficiary designations complement either approach. Reviewing options in light of family circumstances and Tennessee rules helps identify the most suitable plan.
When a Limited Estate Plan May Be Appropriate:
Smaller Estates With Simple Assets
For individuals with modest assets such as a primary home, modest savings, and straightforward beneficiary designations, a more limited estate plan that relies on a will and properly assigned beneficiary designations may be sufficient. Such a plan can be easier and less costly to establish and maintain while still ensuring that personal wishes are recorded and certain transfers occur as intended. In these situations, careful coordination of titles and beneficiary forms and a durable power of attorney can often provide needed protections without the additional paperwork associated with a trust.
Prioritizing Cost and Simplicity
Some families prioritize simplicity and lower upfront costs, particularly when assets are not complicated by business interests, out-of-state real property, or a need for detailed incapacity planning. A straightforward will, powers of attorney, and health care directive can create a basic plan that directs property and names surrogates for decision making. For many, this approach balances clarity with manageability, but the tradeoff is that certain assets may still require probate and less privacy is achieved compared with a funded revocable living trust.
When a Comprehensive Plan Using a Trust Is Advisable:
Complex Family or Asset Situations
Families with blended households, minor beneficiaries, significant real estate holdings, business interests, or concerns about incapacity often benefit from a more comprehensive plan built around a revocable living trust. Such a plan allows detailed instructions for staggered distributions, asset protection strategies within the scope of estate law, and clear procedures for management during incapacity. Thoughtful documentation can reduce the chance of family disputes and support a smoother transition by providing a roadmap for how assets should be handled and who will make decisions.
Avoiding Probate and Preserving Privacy
Those who place a high priority on avoiding the probate process and maintaining privacy regarding the distribution of assets often choose to fund a revocable living trust as part of a comprehensive plan. Trusts can allow many assets to pass outside probate administration, keeping details of assets and beneficiaries out of public court records. For families who want to limit public exposure of estate matters and reduce procedural delays, a properly funded trust can be a practical component of a careful estate plan.
Benefits of a Comprehensive Trust-Centered Approach
A comprehensive approach centered on a revocable living trust can provide coordinated planning across financial, health, and succession matters. By combining a trust with powers of attorney and health care directives, families create a unified plan for management during incapacity and for orderly asset distribution at death. This reduces the risk of conflicting instructions, clarifies responsibilities for decision makers, and can lessen administrative burdens for surviving loved ones. Regular reviews keep the plan aligned with changing laws and family circumstances.
Another advantage of a comprehensive plan is proactive attention to detail, such as beneficiary coordination, deed preparation, and funding of accounts into the trust. Addressing these tasks before an urgent situation arises helps prevent delays and uncertainty. When done thoughtfully, the plan can offer continuity in financial matters and a predictable process for heirs. Comprehensive planning also allows for tailored provisions such as spendthrift protections and structured distributions when appropriate under Tennessee law and family goals.
Greater Privacy and Smoother Administration
A properly funded revocable living trust can allow many assets to pass without probate, keeping details of the estate out of court records and public view. This limits exposure of personal financial information and can reduce the procedural steps surviving family members must complete. The trust also predesignates who will manage assets and how distributions should occur, which can shorten the time it takes for beneficiaries to receive their inheritances and reduce the administrative tasks typically associated with probate administration.
Continuity of Management During Incapacity
A revocable living trust allows for the seamless transition of asset management if the grantor becomes unable to manage financial affairs. A successor trustee can step in immediately according to the trust terms, avoiding the need for court appointment of a conservator or guardian. This continuity protects payment of bills, ongoing investment management, and other financial responsibilities. Planning for incapacity in advance provides peace of mind by ensuring someone trusted can handle affairs without interruption.
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Practical Tips for Managing a Revocable Living Trust
Review Beneficiary Designations Regularly
Make it a habit to review beneficiary designations on retirement accounts, life insurance, and payable-on-death accounts when you create or update a trust. Beneficiary forms often control the distribution of those assets regardless of trust documents, so confirming that designations align with your overall plan helps prevent unintended outcomes. Changes in family status, such as marriage, divorce, or births, can make a review timely. Coordinating these forms with the trust reduces conflicts and helps ensure assets flow as you intend to your loved ones.
Fund the Trust Promptly and Completely
Choose a Reliable Successor Trustee
Select a successor trustee who is trustworthy, available, and capable of managing financial and administrative duties. Consider naming a primary and an alternate trustee and providing clear written guidance within the trust to streamline decision making. Discuss your choice with that person ahead of time so they understand your intentions and are prepared to serve if needed. Choosing a successor who understands your wishes and can work cooperatively with beneficiaries reduces stress and promotes effective administration of the trust.
Reasons to Consider a Revocable Living Trust for Your Estate Plan
People often consider a revocable living trust to maintain privacy, reduce the need for probate, and provide clear management of assets if they become incapacitated. The trust framework can help ensure that designated individuals can step in immediately to handle financial matters, manage property, and protect beneficiaries. It also provides flexibility to change terms during the grantor’s lifetime as needs evolve. For Livingston residents with multiple properties, blended family situations, or a desire for orderly administration, a trust can be a useful planning tool.
Other motivations include minimizing delays for beneficiaries, avoiding court involvement for trust-held assets, and establishing structured distributions for minors or beneficiaries who may need oversight. A trust can also be useful for managing out-of-state property and coordinating business succession. While a trust does not eliminate all legal tasks, it provides a roadmap that guides trustees and reduces uncertainty. Careful coordination with wills, powers of attorney, and beneficiary designations produces a comprehensive plan tailored to family goals and Tennessee law.
Common Situations Where a Living Trust Is Often Considered
Several common circumstances prompt families to consider a revocable living trust, including blended families who wish to protect the interests of children from prior relationships, property owners with holdings in more than one state, and individuals who want to minimize the public nature of asset transfer. People who anticipate future incapacity and want a ready mechanism for management often include a trust in their planning. Business owners and those with complex asset structures also frequently use trusts to coordinate succession and continuity while retaining control during life.
Blended Families and Inherited Interests
When families include children from previous relationships or stepchildren, a revocable living trust can provide clear direction for how assets should be distributed among heirs. The trust allows specific provisions to protect intended inheritances while still allowing for flexibility during the grantor’s life. Clear instructions and careful drafting reduce the likelihood of disputes and help ensure that the grantor’s wishes are followed without ambiguity. For many in blended family situations, a trust provides a practical means of balancing competing interests.
Property in Multiple States
Owning real estate or other assets in multiple states can complicate estate administration because each jurisdiction may have its own probate process. Using a revocable living trust for out-of-state property often helps reduce the need for separate probate proceedings in those states, simplifying the transfer process for heirs. Proper transfer of title and coordination of documents ensures the trust holds the relevant assets, reducing cost and delay for the family and creating a more streamlined administration across jurisdictions.
Desire for Privacy and Faster Transition
Individuals who place value on privacy often prefer a trust-centered plan because trusts are not typically part of public court records in the same way wills are. Families who want a more private distribution of assets and a faster transition for beneficiaries often find that a revocable living trust can help achieve those goals. By funding the trust and outlining successor management, grantors reduce the visibility of estate details and provide a clearer path for immediate asset management during incapacity and for distributions after death.
Local Revocable Living Trust Services in Livingston
Jay Johnson Law Firm provides local legal services for Revocable Living Trusts in Livingston and surrounding areas. Our team assists with drafting trust documents, transferring titles, coordinating beneficiary designations, and advising on Tennessee-specific considerations. We help clients evaluate whether a revocable living trust aligns with their goals, assist in naming successor trustees, and provide guidance about the funding process. For residents of Overton County, our goal is to make the process understandable and manageable so families can implement a plan that meets their needs and protects their interests.
Why Choose Jay Johnson Law Firm for Trust Planning
Jay Johnson Law Firm focuses on practical estate planning solutions for people across Tennessee, including Livingston. Clients receive clear explanations of how a revocable living trust works, what steps are needed to fund it, and how it coordinates with wills and powers of attorney. The firm emphasizes responsive communication and personalized planning that reflects each client’s family dynamics and financial situation. Our process aims to reduce the administrative burden on loved ones and to provide a straightforward path for managing assets during life and transferring them after death.
When working with clients, the firm pays careful attention to local recording and titling requirements, beneficiary coordination, and successor trustee selection. We help prepare and review deeds, account transfer forms, and related documents so the trust holds the intended assets. This detailed approach helps clients avoid common pitfalls and ensures that the trust functions as planned when it matters most. For residents of Livingston, this local focus supports a tailored plan that aligns with Tennessee law and community considerations.
Beyond document drafting, the firm assists with ongoing review and updates to reflect life changes such as marriage, divorce, births, or significant changes in assets. Regular review helps maintain the effectiveness of the trust and keeps instructions current. Our goal is to provide families with a durable plan that minimizes surprises for heirs and simplifies administration. Clients appreciate practical guidance and attention to detail throughout the planning and funding process.
Protect Your Family and Plan for the Future Today
How We Handle Revocable Living Trust Matters
At Jay Johnson Law Firm, the process typically begins with a comprehensive planning meeting to review assets, family goals, and concerns. From there we draft a revocable living trust tailored to your wishes, prepare supporting documents such as pour-over wills and powers of attorney, and provide a clear checklist for funding the trust. We guide clients through deed preparation and account retitling, coordinate beneficiary designations, and ensure the documents reflect Tennessee legal requirements. Ongoing reviews keep the plan aligned with life changes and new circumstances.
Initial Planning and Document Drafting
The first step is an in-depth consultation to identify your goals, assets, and family dynamics. We gather information about real estate, retirement accounts, investment accounts, life insurance, and business interests. Based on that review, we draft a trust document that names trustees and beneficiaries and outlines management in the event of incapacity and distribution at death. Accompanying documents such as powers of attorney and health care directives are prepared to create a cohesive planning package that addresses both financial and medical decision making.
Information Gathering and Goals Discussion
During the initial meeting we review asset lists, titles, beneficiary designations, and family situations to determine how a trust fits into your broader estate plan. This conversation clarifies priorities such as privacy, probate avoidance, and management during incapacity. It also identifies assets that require special handling, such as out-of-state property or business ownership. Clear documentation of goals helps ensure that the drafted trust reflects your wishes and anticipates potential administration issues for your successors.
Drafting Documents and Reviewing Options
After gathering information, we prepare a draft trust and related documents for your review. This draft includes provisions for successor trustees, distributions, incapacity planning, and any tailored instructions you request. We walk through the draft with you, explain how each provision operates under Tennessee law, and make revisions until the documents align with your objectives. Clear communication during this stage helps avoid ambiguity and sets expectations for the funding and administration phases.
Funding the Trust and Transferring Assets
Once documents are finalized, the next phase focuses on funding the trust by transferring assets into its name. This step can include preparing new deeds for real estate, changing account registrations, and updating beneficiary forms where appropriate. We provide a checklist and assist with the paperwork to ensure transfers are completed correctly. Proper funding is essential for the trust to function as intended and to reduce the likelihood that assets will require separate probate administration after death.
Real Estate Deeds and Title Transfers
Transferring real estate into the trust often requires new deeds that convey title from the grantor to the trust. We prepare the necessary documents, advise on recording procedures with the county, and confirm that mortgages and lien holders are addressed as needed. Proper handling of deeds ensures the property is part of the trust estate and helps avoid complications during administration. We coordinate with local recording offices in Overton County to confirm compliance with regional requirements.
Updating Financial Accounts and Beneficiaries
Funding also involves updating registrations for bank and investment accounts so that they are owned by the trust or have appropriate payable-on-death designations. For retirement accounts and life insurance, beneficiary forms may take precedence, so we advise on options and coordinate changes carefully to avoid unintended tax or distribution consequences. Clear documentation of account changes and confirmation from financial institutions helps assure that the trust holds the intended assets and that beneficiary directions align with the overall estate plan.
Final Steps and Ongoing Review
After funding is complete, we review the entire plan with you and provide copies of documents and a summary of next steps for trustees and beneficiaries. We recommend periodic reviews to confirm that asset ownership, beneficiary designations, and family circumstances remain aligned with the trust. If changes occur such as marriage, divorce, births, or significant changes in assets, updates may be necessary. Ongoing attention helps maintain the trust’s functionality and ensures the plan continues to reflect your intentions over time.
Communicating with Successor Trustees and Beneficiaries
Part of the final phase is preparing successor trustees and beneficiaries for their potential roles by explaining where documents are stored and what responsibilities could arise. Providing clear instructions and contact information helps trustees act confidently if a transition occurs. We can prepare a concise summary of duties and timelines to ease administration. Open communication reduces uncertainty and supports a more efficient process when trust management becomes necessary.
Periodic Review and Updates
We recommend reviewing trust documents and related estate planning instruments every few years or after major life changes. This ensures that beneficiary designations, asset ownership, and trustee choices remain appropriate. Changes in family circumstances or financial holdings may require amendments to the trust or updates to funding. Regular reviews keep the plan current and reduce the risk that dated instructions will create unintended outcomes for heirs.
Frequently Asked Questions About Revocable Living Trusts
What is the main difference between a will and a revocable living trust?
A will is a document that takes effect at death and generally requires probate to transfer assets to heirs, while a revocable living trust is a trust created during life that can hold assets and provide instructions for management and distribution without involving court-supervised probate for trust-held property. A will can name guardians for minor children and address assets not placed in a trust. Together, a will and trust often form a coordinated plan, with the will serving as a backup for assets not transferred into the trust.Choosing between a will and a trust depends on goals such as privacy, probate avoidance, and the complexity of assets. A trust requires funding and ongoing attention to titles and account registrations, but it can offer smoother administration for trust-held assets. Discussing your circumstances helps determine the right combination of documents for your family and estate.
Will a revocable living trust help me avoid probate in Tennessee?
A revocable living trust can reduce the need for probate for assets that are properly transferred into the trust’s name, potentially allowing those assets to pass to beneficiaries without court-supervised administration. However, assets left outside the trust, certain retirement accounts with beneficiary designations, and some other types of property may still require probate or separate administration. Proper funding and beneficiary coordination are therefore essential for achieving probate avoidance.Local rules and the specific composition of an estate affect the extent to which a trust eliminates probate. In some cases, a trust-centered plan significantly streamlines post-death administration for families, but careful planning and documentation are necessary to realize those benefits under Tennessee law.
How do I fund a revocable living trust after it is created?
Funding a revocable living trust typically involves retitling assets into the trust name, preparing and recording new deeds for real estate, transferring bank and investment accounts, and coordinating beneficiary designations where appropriate. The process varies by asset type and institution, and it often requires specific forms or deed language. Some assets, like retirement accounts, may require different treatment and should be handled carefully to avoid unintended tax consequences.Completing the funding steps soon after creating the trust is important for the trust to function as intended. Working through a checklist and obtaining confirmation from financial institutions and county recording offices helps ensure that assets are properly placed in the trust and reduces the likelihood of complications for heirs.
Can I change or revoke my living trust after it is signed?
Yes, a revocable living trust is typically designed to be changed or revoked during the grantor’s lifetime. The grantor retains control and can amend or dissolve the trust as circumstances change. This flexibility allows updates to beneficiary designations, successor trustee choices, and distribution instructions over time. It is important to follow the amendment and revocation procedures specified in the trust document to ensure changes are legally effective.While the trust can be modified, any changes should be made with care to preserve intended benefits and to ensure coordination with related documents such as wills and beneficiary forms. Consulting with counsel when making significant changes helps avoid unintended consequences.
Who should I name as successor trustee in my trust?
A successor trustee should be someone you trust to handle financial and administrative responsibilities, whether that is a family member, a close friend, or a professional fiduciary. Consider the person’s availability, organizational skills, ability to communicate with beneficiaries, and willingness to take on potentially time-consuming duties. Naming alternates provides backup if the primary successor is unable or unwilling to serve.It is also helpful to discuss your choice with the designated person ahead of time so they understand the role and location of key documents. Providing clear written guidance within the trust and a summary of duties can ease the transition and reduce uncertainty during a difficult time.
Does a living trust provide protection from creditors or lawsuits?
A revocable living trust generally does not provide asset protection from creditors or lawsuits while the grantor is alive because the grantor retains control over the trust assets. During life, creditors can typically reach trust assets in which the grantor retains an interest. Asset protection strategies usually involve irrevocable structures and require careful planning long before potential claims arise.That said, trusts can be structured for post-death management and to limit beneficiaries’ exposure through spendthrift provisions where permitted. Understanding what protections are available under Tennessee law and how a trust interacts with creditor claims is an important part of planning discussions.
How does a living trust affect my taxes?
A revocable living trust does not generally change the grantor’s income tax obligations during life because the grantor retains control and the trust is treated as a grantor trust for income tax purposes. Tax reporting typically remains with the grantor, and usual income tax rules apply. At death, estate tax considerations may apply for larger estates, but most families are more focused on administration and distribution matters rather than immediate income tax changes caused by a revocable trust.Because tax situations vary, coordinating estate planning with tax considerations and reviewing accounts and beneficiary designations with a tax-aware advisor can help avoid unintended tax consequences. Planning that accounts for both legal and tax effects is important for effective outcomes.
What happens to real estate placed in a revocable living trust?
Real estate placed into a revocable living trust is held by the trust and managed by the trustee according to the trust terms. The trustee has authority to pay expenses, manage property, and follow distribution instructions without court intervention for trust-held property. Properly recording new deeds ensures the property is legally part of the trust and reduces the likelihood of probate for that asset at death.It is important to address mortgages, title insurance, and possible tax implications during the transfer. Some lenders or insurance policies may require notice or approval, and recording requirements vary by county. Careful handling of deeds and coordination with local offices helps ensure the transfer is effective and complies with regional rules.
Do retirement accounts need to be retitled into the trust?
Retirement accounts such as IRAs and 401(k)s typically use beneficiary designations to determine who receives assets at death, so retitling those accounts into a trust may have tax or distribution implications. In many cases, keeping a retirement account in the original beneficiary framework and coordinating it with the trust is preferable to retitling it directly into the trust. Each situation deserves review to balance tax considerations with distribution and control goals.When a trust is named as beneficiary, careful drafting and timing are important to preserve favorable tax treatment and to ensure distributions follow the grantor’s intentions. Discussing retirement accounts with a legal advisor helps identify the best approach for your specific circumstances.
How often should I review or update my revocable living trust?
Review your revocable living trust at least every few years and after major life events such as marriage, divorce, births, or significant changes in assets. Periodic review ensures beneficiary designations, trustee choices, and asset ownership remain aligned with your current wishes. Changes in law or family circumstances may also prompt updates to trust provisions to reflect new realities and goals.Updating the trust when necessary helps maintain its effectiveness and prevents conflicts or unintended results for beneficiaries. Keeping an organized record of documents and communicating important details to successor trustees reduces uncertainty and promotes smoother administration when the trust needs to be used.