Transferring Assets
Signing trust documents with the attorney does not transfer all your assets to your trust.
Personal property that does not have a title (furniture, jewelry, electronics) is transferred via an assignment page in a living trust, covering current and future personal property without having to itemize every item.
Titled assets are a different matter and require extra steps.
- REAL ESTATE can be transferred to the living by having a deed prepared. The attorney typically prepares a deed to transfer the home. If you have property in multiple states, the attorney may charge more for the out-of-state properties due to researching the format for the deeds. You may save money by contacting a title company in the counties of your other properties. Transferring property to a living trust created by the property’s owner does not cause the mortgage to become due.
- BANK ACCOUNTS are often transferred into the living trust to allow successor trustees easier access during the initial trustee’s incapacitation. Many banks allow you to keep your current account numbers so direct deposits and automatic debits are not disrupted. Your bank will inform you if your checks need to change.
- VEHICLES require a new title from the Motor Vehicle Department. This transfer is one of the few additional costs you will encounter when setting up a living trust.
- LIFE INSURANCE is typically left in the name of the owners. A spouse may be listed as the primary beneficiary and the living trust the contingent beneficiary. Change of beneficiary forms are easy to acquire from life insurance companies.
- PRE-TAX INVESTMENTS, such as IRAs and 401k’s, are not transferred to the living trust while the trustor is living. The living trust is a legal entity and changing ownership of an IRA-type asset could cause a taxable consequence. The asset will still avoid probate because it has beneficiaries listed. You might choose to list the trust as a beneficiary to control use of retirement accounts but consult a financial and legal professional to determine if listing the living trust as a beneficiary would affect “stretch IRA” provisions for beneficiaries. After tax investments can be transferred into the trust by contacting the financial company. Ask questions to ensure there are no avoidable taxable events.
- AFTER-TAX INVESTMENTS can be transferred into a living trust similar to how bank accounts are transferred. Contact your financial adviser who will ask for specific information regarding your living trust’s name, the initial trustees and the successor trustees.
