Austin Texas Living Trust Property Record

State:
Texas
City:
Austin
Control #:
TX-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.

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FAQ

Recording the Certification of Trust A certification of trust is not required to be, and is generally not recorded. However, in certain circumstances a certification of trust may be recorded.

Generally, a beneficiary designation will override the trust provisions. There are situations, however, in which the beneficiary designation will fail and the proceeds of the account will pass under the terms of the trust.

Wills must go through probate and become public record. A trust is not probated and does not become public record. Your beneficiaries, assets, and trust terms remain private. Trusts are also more difficult to contest than wills, providing greater security.

A trust is not a legal entity in Texas. It is a relationship whereby a trustee acts as the agent for two classes of beneficiaries, income beneficiaries and remainder beneficiaries.

A trust is not probated and does not become public record. Your beneficiaries, assets, and trust terms remain private. Trusts are also more difficult to contest than wills, providing greater security. A living trust keeps you in control of your assets during life and after death.

A trust cannot own, manage, or sell real estate or other property. However, the trustee administering the trust may hold legal title to the property on behalf of the individual or individuals that the trust benefits. This means that the trustee may lease, sell, or otherwise manage the property.

Trusts are not legal entities that can own, manage or sell property. It is the trustee of the trust that can hold legal title to the property on behalf or for the benefit of the beneficiaries of the trust. What this means is that a trustee has the power to sell or lease the property.

Generally speaking, beneficiaries have a right to see trust documents which set out the terms of the trusts, the identity of the trustees and the assets within the trust as well as the trust deed, any deeds of appointment/retirement and trust accounts.

How to Get a Copy of a Trust Make a written demand for a copy of the Trust and its amendments, if any; Wait 60 days; and. If you do not receive a copy of the Trust within 60 days of making your written demand, file a petition with the probate court.

File a petition with the court of residence of the trustee and ask for an accounting, along with the terms of the living trust. The trustee is required by law to provide this. If the trustee does not respond, request a copy of the living trust from probate court. This too must be made in writing.

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Austin Texas Living Trust Property Record