Missouri Living Trust Property Record

State:
Missouri
Control #:
MO-E0178B
Format:
Word; 
Rich Text
Instant download

Description

This is a Living Trust Property Inventory form. A living trust is a trust established during a person's lifetime in which a person's assets and property are placed within the trust, usually for the purpose of estate planning. This form allows the Trustee to record a Description of Property, Date Acquired by Trust, Value, Date Sold or Transferred so that all property held by the trust can be accounted for including the real, personal or intellectual property.

Key Concepts & Definitions

Living Trust: A legal document that places assets into a trust for the grantor's benefit during their lifetime and transfers to designated beneficiaries at their death. Property Record: Official documentation evidencing ownership of property. Estate Planning: The process of arranging the management and disposal of a persons estate during and after their life.

Step-by-Step Guide to Incorporating Property into a Living Trust

  1. Determine the Type of Living Trust: Decide between a revocable or irrevocable trust based on your financial planning and estate goals.
  2. Inventory Your Real Estate: List all properties including main residential real estate and other real estate investments.
  3. Seek Legal Counsel: Consult with a lawyer who specializes in estate planning and trusts to draft the trust document.
  4. Transfer Property Titles: Officially transfer the titles of your properties to the living trust, done through signing a deed.
  5. Record the Trust: Depending on state laws, file the necessary documents with the county recorder to establish the trust as the new owner of the property in public records.
  6. Regular Review: Continuously review and amend the trust as necessary, especially after major life events or significant changes in property or financial status.

Risk Analysis

  • Probate Avoidance: While a living trust can avoid the probate process, mistakes in trust creation or property titling can still lead to probate, potentially leading to a legal dispute.
  • Financial Risk: Improper handling of the trust could affect credit and financial processes.
  • Legal Disputes: Discrepancies in trust documents or lack of clarity can cause disputes among beneficiaries.

Common Mistakes & How to Avoid Them

  1. Not Updating the Trust: Ensure that the trust is updated regularly to reflect changes in assets and personal circumstances.
  2. Failing to Properly Transfer Titles: Work with a professional to ensure all real estate titles are correctly transferred into the trust.
  3. Neglecting to Record the Trust: Always record the trust in applicable public record databases to officially reflect the ownership change.

FAQ

What happens if a living trust is not recorded? If a living trust that includes property is not recorded, the trust does not necessarily become invalid, but it can lead to complications and disputes regarding property ownership. Is a living trust public record? Generally, living trusts are private documents, but the deeds transferring property to a living trust might be public.

How to fill out Missouri Living Trust Property Record?

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FAQ

Pick a type of living trust. If you're married, you'll first need to decide whether you want a single or joint trust. Take stock of your property. Choose a trustee. Draw up the trust document. Sign the trust. Transfer your property to the trust.

Obtain a California grant deed from a local office supply store or your county recorder's office. Complete the top line of the deed. Indicate the grantee on the second line. Enter the trustees' names and addresses.

How to sign as a Trustee. When signing anything on behalf of the trust, always sign as John Smith, Trustee. By signing as Trustee, you will not be personally liable for that action as long as that action is within the scope of your authority under the trust.

When you set up a Living Trust, you fund the trust by transferring your assets from your name to the name of your Trust. Legally your Trust now owns all of your assets, but you manage all of the assets as the Trustee.

A living trust, specifically a revocable living trust, is a legal document that places your assetsinvestments, bank accounts, real estate, vehicles and valuable personal propertyin trust for your benefit during your lifetime, and spells out where you'd like these things to go upon your death.

Based on these rules, upon creation of a trust, title to trust property is split between the trustee and the beneficiaries. The trustee holds legal title to the property and the beneficiaries hold equitable title. Because the trustee holds legal title to the property, that property must be held in the trustee's name.

Trusts Are Not Public Record.However, trusts aren't recorded. Not having to file the trust with the court is one of the biggest benefits of a trust because it keeps the settlement a private matter between the successor trustees and trust beneficiaries.

Public RecordCalifornia law requires any deed transfer involving real estate property be recorded in the county clerk's or county recorder's office in the county where the property is located. The trust grantor must record the original trust document, real estate deed and appraisal report.

When signing anything on behalf of the trust, always sign as John Smith, Trustee. By signing as Trustee, you will not be personally liable for that action as long as that action is within the scope of your authority under the trust.

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Missouri Living Trust Property Record