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There is currently no legal consensus on whether a trust should be registered in states where it is not mandatory. Some argue that the registration of trusts, especially big ones, can be so costly and complicated that it becomes fiscally impractical.
To make a living trust in Washington, you:Choose whether to make an individual or shared trust.Decide what property to include in the trust.Choose a successor trustee.Decide who will be the trust's beneficiariesthat is, who will get the trust property.Create the trust document.More items...
Drawbacks of a Living TrustPaperwork. Setting up a living trust isn't difficult or expensive, but it requires some paperwork.Record Keeping. After a revocable living trust is created, little day-to-day record keeping is required.Transfer Taxes.Difficulty Refinancing Trust Property.No Cutoff of Creditors' Claims.
No Asset Protection A revocable living trust does not protect assets from the reach of creditors. Administrative Work is Needed It takes time and effort to re-title all your assets from individual ownership over to a trust. All assets that are not formally transferred to the trust will have to go through probate.
Trusts that hold property will, like other trusts, only need to be registered if the trustees incur a liability to tax. Thus, if the property is occupied by a beneficiary and is not income-producing - no requirement for registration will exist unless a taxable event occurs for IHT, CGT or SDLT purposes.
A living trust never needs to be filed with a court, either before or after your death. The probate court isn't involved in supervising your trustee, the person you name in the trust document to handle the distribution of the trust assets.
To make a living trust in Washington, you:Choose whether to make an individual or shared trust.Decide what property to include in the trust.Choose a successor trustee.Decide who will be the trust's beneficiariesthat is, who will get the trust property.Create the trust document.More items...
The trustee must register the trust by filing with the clerk of the court in any county where venue lies for the trust under RCW 11.96A.
Assets That Can And Cannot Go Into Revocable TrustsReal estate.Financial accounts.Retirement accounts.Medical savings accounts.Life insurance.Questionable assets.