How do transfer assets in a revocable living trust?

My mom has had a living trust written up and signed. She has scheduled property and a vehicle included. I am under the understanding that she must transfer her assets into the trustee name before the document is legal. How do we do this?
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Answers (2)

Aaron Roy Feldman

Aaron Roy Feldman Avvo Pro

Contributor Level 4
If the trust has been executed, there are a number of steps involved in transferring assets and changing the names of accounts into the name of the Trust. For example, to transfer real estate requires recording a new deed transferring title to the trust. For bank or investment accounts, you must go to the bank and change the name on the account.

You must also use the name given to the trust. If the trust is named the "Jane Smith Living Trust Dated January 1, 2009", then that is how real property must be held and how accounts must be named. You may want to consider having an attorney go over the various assets with you and help you fund the trust properly, otherwise there could be issues regarding assets and if those have to be decided through probate you have lost one of the main advantages to having a trust.

Good Luck!
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Keenan M. Post

Keenan M. Post Avvo Pro

Contributor Level 7
Assuming your mother hired a lawyer to assist in setting up the trust the lawyer should have provided her written/detailed instructions to follow in funding the trust. If not, contact the lawyer and inquire as to where the Trust funding instructions are and why not provided. I successfully sued the managing partner of a large law firm for failing to provide funding instructions to a man dying of cancer - the trust was not funded, assets went to stepmother, she left assets to 35 year old neighbor man to the exclusion of dad's children - bad deal. Act quickly.

LEGAL DISCLAIMER
Mr. Post is licensed to practice law in KS and MO. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply unsuitable. Mr. Post strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.
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