I set up a revocable living trust two years ago and listed my house as an asset, but the title of my house is only in my own name. How do I change it and is it really necessary? Are there benefits to protecting my house against liens and lawsuits if I transfer the title to my revocable living trust which is in my name? I have no lawsuits or liens against me. I am just thinking ahead to protect my assets. I also plan on renting my house out to tenants in a couple of years and keeping my house as a tax deduction so I think transferring the title to a trust might be a safe idea.
You should have funded the living trust by transferring the title to the house to the trust. Otherwise, you won't get any of the benefits of having a living trust with respect to that house.
The following provides a summary for how to do so in Los Angeles County.
First, prepare a Grant Deed or Quitclaim Deed conveying title from yourself to the full name of the trust. A form for the Grant Deed can be found online at:
Concurrently with the Grant Deed, you will need to submit a Preliminary Change of Ownership Report (Form BOE-502-A, ASSR-70, OWN-70), which can be found online at:
In addition, you need to fill out a Declaration of Documentary Transfer Tax, which can be found online at:
Finally, instructions on how to record the Grant Deed can be found at:
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
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Estate Planning Attorney
Your house can be transferred into your living trust by the simple act of executing and recording a deed. A living trust does not provide any protection against liens and lawsuits. However, the assets in the trust avoid probate upon your death which in California is quite significant. If you decide to rent your home out to tenants in a couple of years, I would suggest establishing a limited liability company (LLC). Proper insurance usually covers any potential loss that may occur to the home or tenants. However, in the event or to the extent an accident or other loss is not covered, your personal assets can be exposed if the house is owned either by you or by your trust. The LLC, if properly established and maintained, should be able to give you protection from any liability that extends past the home itself. To avoid probate, the LLC can be owned by your living trust.
This response does not constitute the establishment of an attorney-client relationship. It is also not to be taken as firm legal advice as such would be contingent on a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter. The response is meant to be a helpful guide to a question in a manner which reflects the limited information provided by the inquirer.
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Estate Planning Attorney
The other attorneys answers are perfect, but I would add: If you have a mortgage on the house you will also want to speak to the mortgage company to advise them that you are recording the deed into the RLT. Some mortgage companies provide a list of approved transactions (that don't trigger the due on sale clause of the mortgage) or have you fill out a form to just confirm that the transaction is okay and doesn't not effect your obligation or the mortgage companies rights.
This is not legal advice nor intended to create an attorney-client relationship.
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