Living Trust Property

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.

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.

Revocable living trust: When you have a living trust, the title of your real estate can be held in the name of the trustee of your trust.Because the title is no longer in your individual name (or joint names if married), there will be no need for court interference.

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.

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.

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.

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.

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)