I need to put my house in trust. What do I need to do?
In order to place your home in a trust in you need to first execute a trust document forming the trust. After this has been accomplished you can place the home in the trust by executing a deed for the property naming yourself as grantor (seller) and the trust as the grantee (buyer). After you have executed this deed you will likely want to record the deed with your local recording office.
I recommend you consult an attorney in your state to see the best options for forming a trust in your situation.
Find a lawyer who can help you form the trust. There are several on AVVO. Go to the tab, above, that says "Find a Lawyer" and type in estate planning lawyer in your area. Best of luck to you.
You are certainly allowed to transfer your home to a trust. You should seek the assistance from a local Estate Planning Attorney. They will best be able to advise you after they have reviewed the particulars of your situation. Your search could begin on this site or you could ask some of your friends and neighbors for referrals.
*** LEGAL DISCLAIMER I am licensed to practice law in the Commonwealth of Massachusetts and have an office in Reading. My practice is focused in the areas of elder law, estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.
First you have to create the Trust. Then you prepare a deed transferring title to the property into the name of the Trustee of the Trust. Because this involves valuable real estate and could impact your rights with respect to the property irrevocably, get an attorney.
Christopher Vaughn-Martel is a Massachusetts lawyer with the firm of Charles River Law Partners LLC in Boston, Massachusetts. All answers are based on generalized Massachusetts law and the limited facts presented by the questioner. Because answers are based only on the limited information voluntarily provided in a public forum, they should never be relied as legal advice. All answers are provided to the general public for educational purposes only and no attorney-client relationship is formed by providing an answer to a question.
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