How to Put a House in Trust: Everything You Need to Know

by | May 7, 2022 | Legal

Do you have a house that you want to put in trust?

If so, you’re in luck! In this blog post, we will walk you through the process of putting a house in trust. We’ll discuss everything from what a trust is to the steps involved in setting one up.

So whether you’re looking to protect your property or hand it down to future generations, keep reading for all the information you need!

What is a Trust?

A trust is a legal arrangement that allows you to hand down property or assets to future generations.

When you put a house in trust, you are essentially placing it in a legal limbo, where it is owned by the trust but managed by someone else. This can be a great way to protect your property from creditors or lawsuits or to ensure that it goes to the people you want it to.

There are many different types of trusts, but for our purposes, we will focus on two: living trusts and testamentary trusts.

With a living trust, you can maintain control over the property during your lifetime, but after your death, it will be transferred to the beneficiaries you have named in the trust. This can be a good way to ensure that your property goes to the people you want it to, without having to go through probate.

With a testamentary trust, the property is not transferred until after your death. This can be a good option if you want to make sure that your heirs are financially stable before they inherit the property. Whichever type of trust you choose, putting your house in a trust can be a good way to protect your assets and ensure that they go to the people you want them to.

For either type of trust, you will need to name a trustee. This person will be responsible for managing the property or assets in the trust. You can name yourself a trustee, but keep in mind that if you become incapacitated or die, the burden will fall on the trustee to manage the trust.

It’s important to choose someone you trust implicitly and who is up for the task.

family holding a home in their hands

What are the advantages of putting your house in a trust?

When most people think of trusts, they think of wealthy people who are trying to protect their assets from taxes. While it is true that trusts can be used for estate planning, they also have other benefits.

Trusts help avoid probate

Putting your house in a trust can help you avoid the probate process.

Probate is a legal process that is required to transfer ownership of the house after someone dies. It can be time-consuming and expensive, and it is often necessary to go to court to resolve any disputed claims. If your house is in a trust, however, waiting for the probate process will not be required.

This can save your family a considerable amount of time and money. In addition, placing your home in a trust can give you more control over who will inherit the property.

You can specify exactly who you want to receive the property, and you can even set conditions on how it should be used. For example, you could stipulate that the real property must be used as a primary residence or that it must be kept in the family.

Trusts can also be used to provide for minor children or disabled adults.

Transfer homeownership before you die

One of the biggest advantages of a trust is flexibility.

For example, with a trust, you can transfer ownership of your home before you die, instead of waiting for your heirs to inherit it through the probate process. This can be particularly beneficial if you want to make sure that your home goes to a specific person or if you’re concerned about the potential for conflict among your heirs.

Trusts can also be used to protect assets from creditors or to reduce the estate tax burden on your heirs.

What are the disadvantages of putting your home in a trust?

One disadvantage of putting your home in a trust is that it can be difficult to get a mortgage.

Lenders typically want to see that you have an ownership stake in the property, and putting the property in a trust can complicate this. In addition, transferring your home to a trust can trigger capital gains taxes.

If you sell the property after putting it in a trust, you may owe taxes on any increase in value that has occurred since the transfer.

Finally, setting up a trust document takes time and money. You will also need to consult with an attorney to draft a trust document and pay filing fees.

How the Revocable Living Trust Works by Endowment Development

The Steps Involved in Setting Up a Trust

Putting your home in a trust is a great way to protect your assets and ensure that your wishes are carried out after your death. However, it’s important to understand the process before you get started. Here are the six steps you’ll need to take:

1. Choose a trustee. This person will be responsible for managing the trust and carrying out your wishes.

2. Draft a trust agreement. This document will outline the terms of the trust and your instructions for how it should be managed.

3. Transfer ownership of your property to the trust. This can be done through a deed or other legal document.

4. Fund the trust. You’ll need to transfer money or other assets into the trust so that it can be used to pay for your heirs’ expenses.

5. Keep track of the trust’s income and expenses. The trustee will need to maintain accurate records to comply with tax laws and ensure that the trust is being managed properly.

6. Review the trust periodically. You should review the trust agreement and make changes as necessary to ensure that it continues to meet your needs.

Final Thoughts

Putting your home in a trust is a great way to protect your assets and ensure that they are distributed according to your wishes. However, it’s important to understand the process before you get started. Be sure to consult with an attorney and financial advisor to ensure that setting up a trust is right for you.

View more home selling information from our other resources:

  1. Sell your home fast by HomeBeacon
  2. How to Find the Right Realtor to Sell Your House
  3. Staging an Empty House on a Budget: Tips and Ideas

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