How To Put Assets into a Revocable Trust!
Estate planning is useful as it allows for a smoother and easier process of asset distribution once you pass away. This article will elaborately explain what a living trust is, each of its types, and how to put assets in a revocable trust. It will also introduce you to , an AI-Powered robot lawyer that can help you set up a living trust in minutes without any errors!
What is a Living Trust?
A living trust is essentially a legal document that is drawn up by an individual, referred to as a grantor, where they assign their properties and assets to different beneficiaries.
The Two Types of Living Trusts
There are two types of living trusts: revocable and irrevocable trusts.
- Revocable Trust
- In a revocable trust, the grantor can designate themselves as the trustee and control his or her assets.
- This means that the assets in the trust will remain in the grantor’s estate, so they are still taxable.
- In a revocable trust, the grantor has the power to change and alter the rules at any time. In this case, the grantor can change the beneficiaries or eliminate the trust altogether.
- Irrevocable Trust
- In an irrevocable trust, the grantor relinquishes his or her rights to control their assets as they designate another individual as a trustee.
- The trustee is now the legal owner of the assets, so the grantor reduces his or her taxable estates.
- In an irrevocable trust, the terms and rules cannot be altered or changed. The named beneficiaries are set and the grantor cannot do anything to amend the agreement.
The Differences Between a Trust and a Will
Both a living trust and a will are estate planning tools that protect your assets and ensure that they are passed on to your heirs. You can have both a will and a trust, however a trust skips probate court, which makes distribution of assets an easier process. The following lists highlight the differences between a trust and a will:
A living trust:
- Can take affect while you are still alive
- Skips the complex legal probate process
- It is often more difficult to change or alter
- It does not involve naming the guardianship of children, it is only centered around the grantor’s assets
- The transfer of assets is instant
- The information of the trust remains private so that people are not aware of what assets were transferred to which beneficiaries
- The process of a living trust is more expensive than that of a will
In contrast, a will:
- Only takes effect at death
- A will has to undergo probate court and has a more complex legal process
- A will can be easily altered
- A will must include the names of the guardians of the children
- When a will comes into effect, the asset transfer will take time
- All the information in a will becomes public
- Creating a will is more affordable
How to Place Assets into a Revocable Trust
To put your assets into a revocable trust, you must first name them in the trust and notarize the document. Here are the complete steps:
- Change the property’s title on any real estate you own
- Transfer the ownership of any cash and cash-related accounts
- Change the name on securities, such as stocks and bonds
- Sign the original stock certificate or any other document
- List all of the assets on a property schedule
What Goes Into a Revocable Trust
If you want to draw up a living trust, you must include the following information:
- The name of the person drawing up the trust, often referred to as the grantor or settlor.
- The name of the person who will oversee the trust, the trustee. In a revocable trust, this could be the grantor, however in an irrevocable trust, another person must be appointed.
- The name of the person who will take over as a trustee to distribute your assets, the successor trustee, if the trustee and grantor become incapacitate.
- The beneficiaries, which are the people who will receive the assets.
- The name of an individual who will manage any property that is left to beneficiaries who are minors.
Drawing up a living trust is different in every state, can help you create a living trust in accordance with the laws of your state. The following table includes a number of states, and the link to an article that explains how to draw up a living trust in each one:
DoNotPay Can Help You Create a Living Trust
You can decide to create a living trust yourself, or hire a lawyer to do so. If you want to hire a lawyer, you must be prepared to pay $1,200 – $2,000.
Drawing up a living trust on your own may be quite intimidating as you must include legal jargon, and it takes a lot of time to complete. Not only is it extremely expensive to hire a lawyer, but it is also unnecessary. DoNotPay offers you the exact same services as a lawyer, therefore it is your best option! Here’s how to get started:
- Create a account
- Start a Revocable Living Trust task
- Provide us with the state you live in and plan to get the trust notarized
- Assign your beneficiaries and trustees
- Tell us which assets will go under the trust
That’s it! Your revocable trust will be ready to go in minutes! How simple was that?
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