This Financial Account Transfer to Living Trust form is for transferring bank and other financial accounts to a living trust. 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 must be signed by the Assignor before a notary public. Assignor(s) with this form will assign, convey, and deliver to the Assignee all of the Assignors right, title, and interest in and to the described property.The assignment includes, but is not limited to, all cash and securities held in the accounts.
Houston Texas Financial Account Transfer to Living Trust
Category:
State:
Texas
City:
Houston
Control #:
TX-E0178C
Format:
Word;
Rich Text
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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.
Pertaining to the types of asset you put in a living trust: generally speaking, all of your assets should be transferred into your trust. However, there are some assets that you may not want or cannot be transferred into the trust. You cannot put a 401(k) in a living trust or other tax-deferred plans, for that matter.
The beneficiary can (where there is one beneficiary or if there are several beneficiaries and all of them agree) direct the trustee to transfer the trust property to him (if there are several beneficiaries to all of them) or to such other person as the beneficiary (or the beneficiaries may desire).
Retirement plans themselves cannot be transferred into a trust; those assets must be distributed from the plan first, which triggers income tax on the distribution. If you are older than 72 when you die, money generally must come out of your retirement plan according to the schedule that was required before your death.
The Cons. While there are many benefits to putting your home in a trust, there are also a few disadvantages. For one, establishing a trust is time-consuming and can be expensive. The person establishing the trust must file additional legal paperwork and pay corresponding legal fees.
Retirement accounts definitely do not belong in your revocable trust ? for example your IRA, Roth IRA, 401K, 403b, 457 and the like. Placing any of these assets in your trust would mean that you are taking them out of your name to retitle them in the name of your trust. The tax ramifications can be disastrous.
To transfer assets such as investments, bank accounts, or stock to your real living trust, you will need to contact the institution and complete a form. You will likely need to provide a certificate of trust as well. You may want to keep your personal checking and savings account out of the trust for ease of use.
You could end up paying more than $1,000 to create a living trust. While these costs are a definite downside, you'll dodge the potential dangers of DIY estate planning by getting an expert's input.
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.
To make a living trust in Texas, you: Choose whether to make an individual or shared trust. Decide what property to include in the trust. Choose a successor trustee. Decide who will be the trust's beneficiaries?that is, who will get the trust property. Create the trust document.