Personal Property In A Trust In Maricopa
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FAQ
Often, a Trust will be created along with a Will, which stipulates how holdings of the Trustor are to be distributed. Trusts can cover assets like real estate, but there may be other valuables that need to be transferred too. These valuables are known as Personal Property.
It is possible to create your own self-service trust document using forms downloaded from the internet. But you can also consult with a trust or tax attorney. Considering the tax implications of a trust and the best way to structure it before creating it can help you make the most of your estate.
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.
Trusts offer amazing benefits, but they also come with potential downsides like loss of control, limited access to assets, costs, and recordkeeping difficulties.
You must create the form stating precisely what you are transferring to the (named) trustee of the (named) trust. Sign and date the form. You must sign it once as the person assigning the properties to the living trust and once as the trustee. Include the word "trustee" after that signature.
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.
The grantor, or the current property owner, must sign the deed in the presence of a notary public. The grantor must also formally transfer the property from their name to the trust's name. This step solidifies the legal transfer and ensures that the living trust holds the property.
Trusts also can be very useful for asset protection purposes if the creditors of the beneficiary are prevented from reaching the trust's assets. A trust can be an effective way to place assets outside the reach of creditors. However, not all forms of a trust will function as an asset protection device.
When a property owner transfers property to their revocable living trust – which they can amend or cancel, in most cases – the property will not be reassessed (see exception, below).
