What Assets to Move Into a Living Trust
- A settlor creates a living trust during her lifetime. The settlor is the person creating the trust. Typically, she names herself as the trustee and beneficiary of the living trust. This allows the settlor to retain control over her property during her lifetime. Upon her death, a new trustee and new beneficiaries come into play based on the trust document. People use living trusts to avoid probate; however, they must transfer property to the trust to make it function.
- Property you own outright --- meaning no one else can claim an interest in it --- should transfer into your living trust. You must execute a valid deed to complete the transfer. In the deed, you name yourself as the grantor and you name your trust as the grantee. This transfers title of the property into your living trust. During your lifetime, you can still use and enjoy the property. Upon your death, the property title transfers based on the terms in your declaration of trust.
According to Legal Zoom, you do not need to place property you own jointly into the trust unless you do not want your interest in that property to pass to the co-owner when you die. If you own a joint interest in property, you can transfer that interest to your trust by executing a deed. In the deed, you would explain that you are transferring your "half-interest" (or whatever percentage you own) to the trust. - Property such as stocks, bonds, royalty contracts and mutual funds are common types of investment property. People often hold on to these properties for a long time to recoup the most gain. Since this type of property is not likely to change hands often, it is ripe for placement in your living trust. Transferring investment property involves assigning your interest in the property to the trust and notifying the proper agency.
- Similar to investment property, you can transfer your bank accounts and safe deposit box contents to your living trust. Legal Zoom suggests avoiding putting checking accounts into the name of your trust simply because the money enters and leaves the account so often. Savings accounts and safe deposit boxes, however, usually have low activity and you can place them in your trust.
Real Property
Investment Property
Bank Accounts and Safe Deposit Boxes
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