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LearnFAQEstate Planning

How do I actually transfer my house and accounts into a living trust?

Answer

Creating a trust document is only half the job; you must 'fund' it by retitling assets into the trust's name, a step people notoriously forget. For real estate, you record a new deed transferring the property from you individually to you as trustee. For bank and brokerage accounts, you change the account registration to the trust or open new trust-titled accounts. Retirement accounts like IRAs and 401(k)s are usually left out of the trust and pass by beneficiary designation instead, since retitling them triggers taxes. Vehicles and personal property can be assigned via a general assignment. An unfunded trust does nothing, so your house may still go through probate. Keep a schedule listing what the trust owns and update it as you buy new assets.

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