When it comes to estate planning, it’s little wonder that many homeowners choose to establish a living trust instead of relying on a will. When properly prepared, a revocable living trust can save a family the time and cost of probate when the homeowner dies.

A living trust can also save on estate taxes and protect inheritances for children and grandchildren while allowing the trustees, who are typically the owners of the trust, to retain control of their assets during their lifetime.

To be legally binding, the majority of the trustee’s assets – including bank accounts and title to their home – must be transferred out of individual or joint ownership and into the trust. It is a simple and routine process. A trust attorney will transfer the assets and provide the trustee with instructions and sample documents for transferring their bank accounts, stock portfolios, vehicles, and other financial assets into the trust – and the deed transfer is recorded by the County Clerk.

For a real estate agent, it may at first be disconcerting to discover that the property you are about to list for sale is owned by a trust rather than by the homeowners. But the fact is, since the trustee retains control of his/her assets – including the right to buy or sell them – there is little or no difference when it comes to listing the home, negotiating the sale, or transferring title to the new owner.

Your title representative will want to see a copy of the trust documents in order to establish that the trust has clear title to the property and the right to sell it. At closing, the trustee, or the joint trustees in the case of a couple, will be asked to sign over the deed transferring ownership to the buyer.

As in all real estate closings, proceeds from the sale of the home are paid to the owner of record – in this case, the trust. So long as the trustee (the seller) has a bank account in the name of the trust, payment will be made to that account.

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This material is meant for general illustration and/or informational purposes only. Although the information has been gathered from sources believed to be reliable, no representation is made as to its accuracy. This material is not intended to be construed as legal, tax or investment advice. You are encouraged to consult your legal, tax or investment professional for specific advice.

About Bobbi Pronin

Bobbi Pronin is an award-winning writer based in Orange County, Calif. A former news editor with more than 30 years of experience in journalism and corporate communications, she has specialized in real estate topics for over a decade.

Bobbi is not an employee of Anywhere Integrated Services or affiliated with its title companies.