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The Oregon estate tax rate starts at 10% and can be as high as 16% of the value of the estate exceeding $1,000,000. By itself, a revocable living trust does not avoid estate taxes. However, a trust can be drafted to include tax-saving provisions.
If you want to create a living trust in Oregon, you'll have to devote some time to planning and paperwork. You can do it alone, but it may be helpful to find a lawyer to help you set one up. This will be much more expensive though.
In other words, if you and your spouse own your house, half of its value would be included in your estate. Notably, your gross estate also includes non-probate assets. For example, the property you hold in a revocable living trust avoids probate, but it does not avoid estate taxes, and is counted in your gross estate.
How Do I Make a Living Trust in Oregon? Choose the type of trust you want to set up. ... Decide what items to leave in the trust. ... Choose a trustee. ... Decide who will be the beneficiary of the trust asset. ... Create the trust agreement document. ... Sign the document. ... Fund the trust by transferring your property into it.
To transfer real property into your Trust, a new deed reflecting the name of the Trust must be executed, notarized and recorded with the County Recorder in the County where the property is located. Care must be taken that the exact legal description in the existing deed appears on the new deed.