Creating a comprehensive estate plan is an important first step in protecting your assets and providing for your loved ones. However, many people do not realize that signing estate planning documents is only part of the process. If your plan includes a revocable living trust, you will need to transfer ownership of your real estate by updating your property deeds. This process is called “funding your trust,” and it is essential for your estate plan to work as intended.
As a Tulsa Area estate planning attorney, we help clients understand why deed transfers matter and guide them through the process of properly funding their trusts.
Why Do You Need to Update Your Property Deed?
When you create a revocable living trust, the trust itself becomes a legal entity that can hold assets. However, your property does not automatically transfer into the trust just because the trust document exists. You must formally change the ownership by recording a new deed that transfers the property from your individual name into the name of your trust.
If you do not update your property deed, your home and other real estate will not be protected by the trust. This means those assets may still have to go through probate after you pass away, defeating one of the primary purposes of creating the trust in the first place.
What Type of Deed Do You Need?
The type of deed used to transfer property into a trust varies, but most people use either a quit-claim deed or a warranty deed. A quit-claim deed is often the simplest option for transferring property into your own trust because you are essentially transferring ownership from yourself as an individual to yourself as trustee of your trust.
Your Tulsa Area estate planning attorney can help you determine which type of deed is appropriate for your situation and ensure it is properly prepared and recorded.
How Does the Transfer Process Work?
Transferring real estate into a trust involves several steps. First, a new deed must be prepared that names your trust as the new owner. The deed will typically show the transfer as being from you individually to you as trustee of your revocable living trust.
Next, the deed must be signed, notarized, and recorded with the county recorder’s office where the property is located. Recording the deed creates a public record of the ownership change and ensures the transfer is legally effective.
Some homeowners worry that transferring their home into a trust will trigger property tax reassessment or affect their mortgage. In most cases, transferring property into your own revocable living trust does not cause property tax increases or violate your mortgage’s due-on-sale clause.
What About Homeowners Insurance and Property Tax Exemptions?
After you transfer your property deed into your trust, you should notify your homeowners insurance company of the ownership change. Most insurance companies can easily update the policy to reflect that the property is now owned by your trust.
If you have property tax exemptions, such as a homestead exemption, you may need to update those as well to ensure you continue receiving any tax benefits.
Don’t Forget About Other Real Estate
Many people remember to transfer their primary residence into their trust but forget about other real property they own. Vacation homes, rental properties, vacant land, and investment real estate should all be transferred into your trust if you want them to avoid probate.
The Importance of Proper Trust Funding
Creating an estate plan without properly funding your trust is like buying insurance but never activating the policy. The legal documents exist, but they cannot protect your assets if ownership has not been transferred correctly.
Working with an experienced Tulsa Area estate planning attorney ensures that your property deeds are properly updated and your trust is fully funded. We can help you identify all assets that need to be transferred, prepare the necessary deeds, and guide you through the recording process.
If you have recently created a revocable living trust or need help ensuring your existing trust is properly funded, please contact us at (918) 771-3696 to schedule a consultation with a Tulsa Area estate planning attorney. We will make sure your estate plan works exactly as you intended.