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The process of funding your living trust by transferring your assets to the trustee is an important part of what helps your loved ones avoid probate court in the event of your death or incapacity. Qualified retirement accounts such as 401(k)s, 403(b)s, IRAs, and annuities, should not be put in a living trust.
A Revocable Living Trust Defined Assets can include real estate, valuable possessions, bank accounts and investments. As with all living trusts, you create it during your lifetime.
Houses and other real estate (even if they're mortgaged) stock, bond, and other security accounts held by brokerages (but think about naming a TOD beneficiary instead) small business interests (stock in a closely held corporation, partnership interests, or limited liability company shares)
No separate tax return will be necessary for a Revocable Living Trust. However, even though the Grantor is taxed on the Trust income, the assets are legally held by the Trust, which will survive the Grantor's death. That is why the assets in the Trust do not need to go through the probate process.
Paperwork. 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.
A revocable trust becomes a separate entity only after the death of the grantor. At this point, the beneficiary must obtain an employer identification number and file a separate tax return for the entity if the income exceeds $600 in a year. To file a tax return for a separate trust entity, you must use Form 1041.
In order to set up a living trust, you should first create a document stating your intention to create a trust, and name the people who you want to benefit from the trust. You should then create another document that states the property that you want to begin the creation of the trust with.
Property you put in a living trust doesn't have to go through probate, which means that the assets won't get tied up in court for months and maybe years. However, you don't have to put bank accounts in a living trust, and sometimes it's not a good idea.
Sure you can write your own revocable living trust. In fact, you can do it better than a lot of the attorneys. First you have to ascertain that you really want a trust.