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Living Trusts

Estate planners often recommend Living Trusts as a viable option when contemplating the manner in which to hold title to real property. When a property is held in a Living Trust, title companies have particular requirements to facilitate the transaction. While not comprehensive, answers to many commonly asked questions are below. If you have questions that are not answered below, your title company representative may be able to assist you, however, one may wish to seek legal counsel.

Who are the parties to a Trust?

A Family Trust is a typical trust in which the Husband and Wife are the Trustees and their children are the Beneficiaries. Those who establish the trust and transfer their property into it are known as Trustors or Settlors. The settlors usually appoint themselves as Trustees and they are the primary beneficiaries during their lifetime. After their passing, their children and grandchildren usually become the primary beneficiaries if the trust is to survive, or the beneficiaries receive distributions directly from the trust if it is to close out.

What is a Living Trust?

Sometimes called an Inter-vivos Trust, the Living Trust is created during the lifetime of the Settlors (as opposed to being created by their Wills after death) and usually terminates after they die and the body of the Trust is distributed to their beneficiaries.

Can a Trust hold title to Real Property?

No, the Trustee holds the property on behalf of the Trust.

Is a Trust the best way to hold my property?

Only your attorney or accountant can answer that question. Some common reasons for holding property in a Trust are to minimize or postpone death taxes, to avoid a time consuming probate, and/or to shield property from attack by certain unsecured creditors.

What taxes can I avoid by putting my property in trust?

Married persons can usually exempt a significant part of their assets from taxation and may postpone taxes after the first of them to die passes. You should check with your attorney or accountant before taking any action.

Can I homestead property that is held in a Trust?

Yes, if the property otherwise qualifies.

Can a Trustee borrow money against the property?

A Trustee can take any action permitted by the terms of the Trust, and the typical Trust Agreement does give the Trustee the authority to borrow and encumber real property. However, not all lenders will lend on a property held in trust, so check with your lender first.

Can someone else hold title for me “in trust?”

Some people who do not wish their names to show as titleholders make private arrangements with a third party Trustee; however, such an arrangement may be illegal, and is always inadvisable because the Trustee of record is the only one who is empowered to convey, or borrow against, the property, and a Title Insurer cannot protect you from a Trustee who is not acting in accordance with your wishes despite the existence of a private agreement you have with the Trustee.

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Sandra Cullinan
Vice President/Associate Broker

Meybohm Real Estate
6004 Evans Town Center Blvd.
Evans, GA 30809
Office: 706-863-8218 
Extension: 2471
Fax:  706-855-7847
Cell:  706-533-3353
Email:  scullinan@meybohm.com

 

Testimonials

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Sandra was very helpful and made sure that we understood everything that was going on during the whole process. We had a great experience with her. She also kept us very informed through the whole process. She was very friendly and knew exactly what she was talking about when it came to helping us out. We would recommend her to anyone! She is AWESOME!! Mr. Lunz
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Honest, great knowledgeable sales people Pamela B. Kennedy
Prompt service Tony E. Meade
Very early as we were simply being introduced to Augusta and the real estate market, we were not particularly pleased with service. With our connection to Sandra Cullinan however, we found energy and an accurate assessment of what our thoughts on what we bought. Mr. and Mrs. David L. Barcus
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"It was so nice to find an agent like Sandra Cullinan. We lived out of the area and my husband was ill much of the time,This placed an added burden on Sandra to make sure that our property was always ready to show, which she handled with grace and compassion. When we needed to have repairs done she was our go between with the workers. She was always available by phone or email and was prompt in her response. I would highly recommend Sandra Cullinan to anyone needing a real estate agent. " Barbara Rollins, Orlando, Fl.
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