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Update your county’s property records by giving it a copy of the new deed showing that the trust owns your home. Our partners cannot pay us to guarantee favorable reviews of their products or services. Join the 100,000+ executors who have downloaded our free step-by-step blueprint to probate. Actual costs may vary based on individual circumstances and geographic location.
Determine the Purpose of Creating the Trust
Putting a house into a trust is actually quite simple and your living trust attorney or financial planner can help. And then, if there is no will outlining what should be done with the property, it will be distributed according to your state’s laws. Trusts are widely used in estate planning so estates can avoid going through probate and maintain privacy. The terms of the trust ensure the wishes of the property owner are adhered to and their property gets distributed to the proper beneficiaries.
Understanding Trusts
To avoid this, check with the mortgage holder and get permission before transferring property into a trust. Lenders will usually agree without calling the loan, but the formality needs to be observed to avoid potential problems. Once either type of deed is prepared, it must be signed by the owner, witnessed by a notary and recorded at the county courthouse. Placing personal property like jewelry, furniture and, sometimes, vehicles, can be as simple as including the property on a list of assets drawn up when the trust is created. Fueled by a passion for accuracy and a good espresso, ClearEstate's dedicated staff writers offer expert insights on estate planning and settlement. Understanding the legal implications of putting a house in a trust is paramount.
File the new deed with the proper office
You can find standard trust agreements online, or you can ask your lawyer to create the documentation. For the trust to be valid, you’ll have to sign it in front of a notary public. You can choose anyone to be your successor trustee, but just be sure they’re someone you can count on. If your estate is fairly complex, you might choose an attorney, trust company or other professional to be your successor. If you’re thinking about putting assets into this type of trust, you might want to first consult an attorney. Once you understand what a property trust is, the next step is discovering why it can be a good idea to put your house into a trust and how this process works.
However, if your house is the only big investment you own, using a trust just for that house could be worth it. Maintenance won’t be a significant cost for everyone, but it might be if you hired someone to serve as your trustee (the person or corporation who maintains your trust and the assets within it). There are three common reasons that someone would want to place a house (or other type of personal residence), avoiding probate, privacy and simplicity. Consider working with a financial advisor if you need help setting up an estate plan or managing inherited money.
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Carla is Section Editor for Rocket Homes and is a Realtor® with a background in commercial and residential property management, leasing and arts management. She has a Bachelors in Arts Marketing and Masters in Integrated Marketing & Communications from Eastern Michigan University. Christy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has appeared on Forbes, CNN Underscored Money, Investopedia, Credit Karma, The Balance, USA Today, and Yahoo Finance, among others.
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A trust is a separate entity that can hold assets on your behalf, and an inter vivos trust, created while you're alive, can be a useful way to have control and flexibility over your assets. Putting your house in a trust is a brilliant way to ensure a seamless transfer of ownership to your loved ones. At that point, your chosen trustee will be responsible for following the instructions of the trust and distributing the assets in the trust to your beneficiaries.
Identify the Trustee and Beneficiaries
In California, the state provides its laws and procedures governing trusts found in California Code Division 9. Grantors and trustees must adhere to these regulations while managing a trust. Yet, the process of preparing for the inevitable by putting property in trust is more than a mere legal procedure; it's about ensuring that loved ones are taken care of. Generally, a trust is a faster, more efficient way to get your assets to your heirs but setting up a trust is often more expensive than creating a will. Keep in mind that if you use a testamentary trust — a trust that’s created via your will — your assets will still go through probate before going into the trust. The cost of a trust also may not be worth it for you if you still plan for other assets to go through probate, especially valuable possessions that could slow down probate or result in a contested will.
Simpler estates might be completed in just a few months, but large estates or complex situations might have a probate process that lasts as long as a year or more. It can also be expensive when you factor in various court fees, legal expenses and administrative costs. Beneficiaries will receive the assets that you’ve transferred to the trust, so choose them carefully. This could be relatives or friends, or you could choose a charitable organization as the beneficiary.
One key aspect of the trust laws is that California is a community property state, which means that any property you acquire with your spouse during marriage is considered jointly owned. Therefore, you must comply with this law's requirement and conduct proper title transfer. Putting a house in a trust involves various considerations that can have significant implications for both the grantor and the beneficiaries. These implications can differ depending on state laws and individual circumstances.
In order to make your living trust effective, you need to make sure that the ownership of your house is legally transferred to you as the trustee. Since your house has a title, you need to change the title to show that the property is now owned by the trust. To do this you need to prepare and sign a new deed to transfer ownership to you as trustee of the trust. Many people create this type of arrangement in order to protect their assets from being lost to creditors or other claims.
These are the quirks of homes in a trust that a professional may be able to guide you through more easily than if you do this on your own. Many or all of the products featured here are from our partners who compensate us. This influences which products we write about and where and how the product appears on a page.
The information provided on this site has been developed by Policygenius for general informational and educational purposes. We do our best to ensure that this information is up-to-date and accurate. Any insurance policy premium quotes or ranges displayed are non-binding. The final insurance policy premium for any policy is determined by the underwriting insurance company following application. A revocable trust, also called a living trust, is one that you create while you’re alive and that you can revoke (close or modify) at any time.
You'll need to contact the insurance companies to update the policies to have the name of the trust and trustee. The terms of your home insurance — including the premiums — shouldn't change either when you retitle the property into the living trust if all else stays the same (like the person who lives there). However, it can be complicated to successfully create, manage, and maintain the trust without the help of estate planning professionals.
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