Death Transferring With Trust
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FAQ
The way it differs from a TOD deed is that a living trust can be used for any type of asset, not just real estate. So if you have stocks, savings accounts, valuable belongings, or other assets that you want to transfer to someone after your death, a living trust is a way to do it.
A transfer on death deed can be a useful addition to your estate plan, but it may not address other concerns, like minimizing estate tax or creditor protection, for which you need a trust. In addition to a will or trust, you can also transfer property by making someone else a joint owner, or using a life estate deed.
If you suddenly become incapacitated and unable to manage your own affairs, a transfer-on-death clause will do nothing to help you. Your beneficiary will not be able to access the money to pay your bills because they only get the money once you have died.
Once the grantor passes away, the trust needs its own tax number, as the grantor's Social Security number is no longer sufficient. Therefore, while a revocable trust does not initially need an EIN, it's an excellent idea to apply for one just as you would for an irrevocable trust to avoid difficulties managing it.
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.