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Misconceptions about Real Estate in Living Trusts

In the realm of estate planning and real estate, living trusts are a popular tool for managing assets, ensuring smooth property transfer, and avoiding probate. However, misconceptions surrounding living trusts can lead to confusion and misinformed decisions. This article aims to clarify common misunderstandings and provide a clearer picture of how living trusts interact with real estate.

Living Trusts are Only for the Wealthy

One of the most persistent myths is that living trusts are exclusively for the affluent. In reality, living trusts can be beneficial for individuals at various wealth levels. They offer privacy, flexibility, and control over asset distribution, regardless of the size of the estate. The primary advantage is avoiding the lengthy and costly probate process, which can be valuable for estates of all sizes. Creating a Trust on GetDynasty is Free.

Living Trusts Completely Avoid Taxes

Another common misunderstanding is that placing real estate in a living trust will eliminate all taxes. While living trusts can help bypass probate, they do not inherently reduce or eliminate estate taxes. The trust’s assets are still considered part of the estate for tax purposes. However, with proper planning and structuring, a living trust can be used as part of a strategy to minimize tax liabilities.

Living Trusts Offer Asset Protection from Creditors

Many believe that a living trust provides protection against creditors during the grantor’s lifetime. Unfortunately, this is not the case. Revocable living trusts, which are the most common type, do not shield assets from creditors. Since the grantor retains control over the trust, the assets are still considered part of their personal estate. However, certain types of irrevocable trusts can offer asset protection, but they come with their own set of limitations and considerations.

Transferring Real Estate into a Trust is Complicated

The process of transferring real estate into a living trust is often perceived as complex and daunting. In reality, it is relatively straightforward. The property owner needs to execute a deed transferring the property’s title from their name into the name of the trust. This process requires proper documentation and recording with the appropriate government office, but it is generally not more complicated than a standard property transaction.

Living Trusts are Irrevocable

Many people mistakenly believe that once they establish a living trust and transfer their real estate into it, they cannot make changes. However, most living trusts are revocable, meaning the grantor can amend or revoke the trust at any time during their lifetime. This flexibility allows for adjustments to be made as circumstances change, ensuring that the trust remains aligned with the grantor’s wishes.

How GetDynasty Helps

GetDynasty, as part of your subscription, offers a seamless and convenient solution for transferring your real estate into your living trust. Their team of experts provides personalized assistance to guide you through the entire process, ensuring that all legal requirements are met. With GetDynasty, you can have peace of mind knowing that your real estate assets will be efficiently and accurately transferred into your trust, aligning with your estate planning goals. Our comprehensive service not only simplifies the transfer process but also ensures that your assets are protected and managed according to your wishes, making it an invaluable resource for anyone looking to secure their estate for the future.

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What is a Trust?

A Living Trust is a financial tool that lets you plan, organize, and protect your life. It’s a personal entity that allows you to add assets and plan out your inheritance. Eliminating legal battles, cost, and time spent by your loved ones. 

Think of it like a personal LLC that you put everything you own in. Except it doesn’t protect you from liability like an LLC does, it protects you from probate and conservatorship. 

Probate is the complicated court process (12-18 months) where a judge decides what happens to your assets after you die, become incapacitated, or are “deemed” incapable. Creating a living trust allows your assets to completely circumvent probate and immediately transfer to your loved ones. 

In addition to being able to name heirs (your beneficiaries), a Trust also allows you to assign someone to manage it (your successor trustee). Instead of going through probate, your Successor Trustee takes control of the Trust, handles your affairs, and distributes your assets according to your instructions. The person you select as Successor Trustee should be your most trusted person. Like a best friend or closest family member.

At Dynasty, we believe everyone should have a Living Trust. If you have children, assets, or plan to acquire assets in the future, you should create a Trust. That way when you buy your next home, open a bank or brokerage account, get startup shares, etc. – you can immediately title them in your trust.