Georgia Trustee's Deed and Assignment for Distribution by Testamentary Trustee to Trust Beneficiaries

State:
Multi-State
Control #:
US-OG-318
Format:
Word; 
Rich Text
Instant download

Description

This form is used when the events giving rise to the termination of the Trust have occurred. Pursuant to the terms of a Will, Grantor executes this Deed and Assignment for the purposes of distributing to the beneficiaries of a Testamentary Trust, all rights, title, and interests in the Properties held in the name of that Trust, and all Properties owned by the Estate of the deceased, and the Testamentary Trust created under the Will of the deceased.

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FAQ

The grantor can opt to have the beneficiaries receive trust property directly without any restrictions. The trustee can write the beneficiary a check, give them cash, and transfer real estate by drawing up a new deed or selling the house and giving them the proceeds.

Yes, as a trustee, you can transfer stock from a trust to a beneficiary without selling it if the terms of the trust allow you to do so. If the trust instrument allows for the transfer of stock to a beneficiary, the trustee can transfer the stock as directed by the trust agreement.

Stocks and bonds can be transferred from the trust into the beneficiary's brokerage accounts. Beneficiaries typically have to pay taxes on trust income, except for distributions from the trust's principle.

The owner keeps the property for life, and the beneficiary receives no actual property interest until the owner's death. An owner who records a TOD deed retains the right to revoke the deed or sell or mortgage the property. Georgia is among the minority of states that do not recognize TOD deeds.

When trust beneficiaries receive distributions from the trust's principal balance, they don't have to pay taxes on this disbursement. The Internal Revenue Service (IRS) assumes this money was taxed before being placed into the trust. Gains on the trust are taxable as income to the beneficiary or the trust.

Distribute trust assets outright The grantor can opt to have the beneficiaries receive trust property directly without any restrictions. The trustee can write the beneficiary a check, give them cash, and transfer real estate by drawing up a new deed or selling the house and giving them the proceeds.

The executor will be charged with the duty to cause an ?Executor's Deed? or ?Assent to Devise? to be drafted, executed and filed with the real estate records office where the real estate is located. The ?Executor's Deed? or ?Assent to Devise? formally transfer title from the deceased to the intended beneficiary.

The transferee must have been a beneficiary of the trust when the property was acquired and became an asset of the trust (i.e. the relevant time). There must be no consideration for the transfer and the transfer of property from trustee to beneficiary must not be part of a sale or other arrangement.

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Georgia Trustee's Deed and Assignment for Distribution by Testamentary Trustee to Trust Beneficiaries