Personal Property In A Trust In Los Angeles
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FAQ
Trusts offer amazing benefits, but they also come with potential downsides like loss of control, limited access to assets, costs, and recordkeeping difficulties.
Often, a Trust will be created along with a Will, which stipulates how holdings of the Trustor are to be distributed. Trusts can cover assets like real estate, but there may be other valuables that need to be transferred too. These valuables are known as Personal Property.
Trusts also can be very useful for asset protection purposes if the creditors of the beneficiary are prevented from reaching the trust's assets. A trust can be an effective way to place assets outside the reach of creditors.
Grantors opting for these trusts lose their ownership rights to the assets within them. They lose the ability to decide how to manage or sell these assets.
The transfer document should list assets you're transferring to the Trust. It's good to be specific, but you can use broad categories (like “furniture,” “clothing,” “jewelry,” etc.) without listing every item in each of those categories.
Example Scenario Obtain the Current Deed: Get a copy of your existing deed from the county recorder's office. Prepare a New Deed: Draft a grant deed transferring the property to “John Doe, as Trustee of The John Doe Living Trust, dated January 1, 2024.” Notarize the Deed: Sign the new deed before a notary public.
The trustee is the person (or people) who holds legal title to the property that is in the trust. The trustee's job is to manage the property in the trust for the benefit of the beneficiaries in the way the settlor has asked.
One disadvantage of placing your house in a trust is the loss of direct ownership. Transferring your property to a revocable living trust makes the trust the legal owner. While you retain control as the trustee, this change in ownership may affect your ability to mortgage or refinance the property.
Example Scenario Obtain the Current Deed: Get a copy of your existing deed from the county recorder's office. Prepare a New Deed: Draft a grant deed transferring the property to “John Doe, as Trustee of The John Doe Living Trust, dated January 1, 2024.” Notarize the Deed: Sign the new deed before a notary public.
