Trusts and Estates Blog

Will putting real estate in my trust cause any inconveniences?

In most cases, you will notice very little difference. You may even find it easy to transfer your home and other real estate to your living trust, and to purchase new real estate in the name of your trust. Refinancing may not be as easy. Some lending institutions require you to conduct the business in your personal name and then transfer the property to your trust. While this can be annoying, it is a minor inconvenience that is easily satisfied.

Because your living trust is revocable, transferring real estate to your trust should not disturb your current mortgage in any way. Even if the mortgage contains a “due on sale or transfer” clause, retitling the property in the name of your trust should not activate the clause. There should be no effect on your property taxes because the transfer does not cause your property to be reappraised. Also, having your home in your trust will have no effect on your being able to use the capital gains tax exemption when you sell it.

It’s also a good idea to change your homeowner, liability and title insurance to reflect your trustee as the new owner.

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Trusts and Estates Blog