This form is a sample letter in Word format covering the subject matter of the title of the form.
State Bar Of California Trusts And Estates Section In Travis
Category:
State:
Multi-State
County:
Travis
Control #:
US-0001LTR
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
A trust can remain open for up to 21 years after the death of anyone living at the time of the trust's creation, but that is not common procedure. Most trusts are settled when the grantor dies, and the successor trustee distributes the assets as quickly as possible.
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.
If the original trustee can't manage the trust anymore because of death or incapacity, the successor trustee steps in to take over the management duties. Choosing the right successor trustee is key because this person will ensure that everything you've planned for your trust actually happens.
To find out who owns the assets in a revocable trust, look to whoever is the trustee. If the trustee is also the grantor, then the grantor still owns and controls the assets. If the grantor assigned another person or entity as the trustee, the trust owns the assets, which are managed by the trustee.
Disadvantages of a Living Trust Complexity: Properly funding the trust requires transferring assets, which can be complicated. No Tax Advantages: Revocable trusts don't provide tax relief since assets remain part of the grantor's taxable estate.
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.
A living trust does not protect your assets from a lawsuit. Living trusts are revocable, meaning you remain in control of the assets and you are the legal owner until your death. Because you legally still own these assets, someone who wins a verdict against you can likely gain access to these assets.
Also look for papers that name an attorney, and call the attorney to see if he or she has any record of a trust. You can also visit the County Clerk-Recorder's Office or contact the County Assessor's Office to see the title on real estate owned by the person to see if it is held in the name of a trust.
The answer is that the living trust documents are not filed anywhere. Let's explore this concept a bit more. It seems a bit odd that such important documents would not be filed anywhere like the court, or another county agency but in fact common probate avoidance living trusts are not typically filed anywhere.
Procedure for Recording a Living Trust Once the certification of trust is prepared, it must be signed by the trustee and notarized. The original certification of trust can be recorded with the county recorder's office in the county where the property is located, but that is not necessary.
