Why You Should Put Your House in a Trust

Putting a home into a trust has several benefits, from avoiding the lengthy probate process to providing potential tax advantages. This article discusses the intricacies of trusts and the importance of consulting with an experienced estate planning attorney.

What Is a Trust and Why Is It Important?

A trust is a legal arrangement where one person (the grantor) transfers ownership of their assets, like a house, to a trustee. The trustee holds and manages these assets on behalf of named beneficiaries. One main benefit of putting property in a trust is to avoid the probate process, which can be time-consuming and cost thousands of dollars. The trust allows assets to be transferred to beneficiaries without the intervention of probate court. Additionally, a trust can help protect assets from potential creditors and provide estate tax advantages.

What Role Does the Trustee Have?

The home’s original owner will usually name him- or herself as the trustee, so they can maintain control of the property. However, the original owner can name someone else as the trustee. This can be helpful in case the original owner passes away, and the real estate is distributed to the grantor’s beneficiaries according to the terms of the trust agreement. The trustee manages the property for the benefit of the grantor and any named beneficiaries of the grantor’s estate.

How Does Putting Your House in a Trust Benefit You?

By transferring your home into a trust, you can ensure that it passes directly to your chosen beneficiaries upon your death without the need to go through probate. This not only saves time but also keeps the details of your estate away from public record. Furthermore, if structured correctly, placing your house in a living trust can offer protection against potential lawsuits and creditors.

In his video, “What Assets Should I Put into a Trust or Leave Out and Why?” Attorney Bill O’Leary, Esq. explains what a trust is and how Jacksonville residents can protect property such as their home with a trust.  He explains that a house is an asset that should be put into a trust.  Plus,  Florida state law’s homestead exemption for the house continues after the house is moved into the trust providing additional benefits.

Revocable Trust vs. Irrevocable Trust: Which One Is Right for You?

There are primarily two types of trusts: revocable and irrevocable. A revocable trust, often called a living trust, can be altered or revoked entirely by the grantor while they’re alive. It allows homeowners the flexibility to make changes to the trust terms or named beneficiaries. A revocable trust lets a grantor control the property and make changes to the trust during their lifetime. The grantor retains the right to modify or dissolve the trust. The grantor can act as a trustee, manage the property, or appoint someone else. Upon the grantor’s death, the revocable trust becomes irrevocable, meaning no further changes can be made.

On the other hand, an irrevocable trust, once established, cannot be easily altered or terminated. Assets in an irrevocable trust are considered outside of the grantor’s estate, providing potential tax advantages and protection against creditors. Learn more about these two different types of trusts in our article, Revocable vs. Irrevocable Living Trusts

Working with an Estate Planning Attorney to Put Your Home into a Trust

To put your house in a trust, start by working with an experienced estate planning attorney to help you decide the type of trust that best suits your needs for protecting your real and other property.  It’s essential to work closely with the attorney to complete each step so that the home ownership is properly transferred to the trust.

• Make a list of possible beneficiaries and trustees who you will include in the trust and gather their contact information.
• Work with the estate planning attorney to transfer the title of your property to the trust. This involves drawing up a new property deed that names the trust as the property owner and getting it notarized in front of a notary public.
• Record the deed with the local office that holds property records.
• Regularly review and update the trust, especially after major life events, to ensure it remains aligned with your wishes.

The Role of an Estate Planning Attorney in Putting Your Home in a Trust

Working with an estate planning attorney is essential when setting up a trust. They can provide guidance on the most suitable type of trust for your situation and ensure that all legal formalities are correctly observed. An attorney can help draft the trust document, ensuring it aligns with state laws, and provide advice on transferring assets into the trust. Moreover, they can act as a valuable resource for questions or concerns, ensuring that the trust serves its intended purpose effectively.

In Conclusion

Putting your house into a trust is a strategic move for asset protection, estate planning, and avoiding potential pitfalls like probate. Whether you opt for a revocable or irrevocable trust, it’s imperative to consult with an experienced estate planning attorney to ensure that your assets, wishes, and beneficiaries are well-protected. Remember, a well-structured trust is more than just a legal document; it’s a legacy planning tool. Schedule a call with our team to learn more about protecting your home.