Absolutely! When you create a revocable living trust, you will be the trustee of your trust with full power over your trust assets. During your lifetime, you will have the authority to sell, mortgage, lease, gift, transfer, pledge, and spend the assets and real property that are titled in your trust, just as if the assets were titled in your name.
A few lending institutions require that real property be taken out of the trust before a refinance. This is not necessary from a legal standpoint, but if the lender insists that you do this, it's fairly simple to transfer the house out of the trust during escrow for the refinance. Once the refinance has closed, make sure to contact your estate planning attorney so that he/she can help you transfer the house back into the trust.
Similarly, if you purchase real property after you've set up your trust and the real property was not transferred into your trust through escrow, contact your estate planning attorney after escrow closes to transfer the property into the trust. Being diligent about keeping your real property titled in your trust will keep that property out of probate.
Friday, June 15, 2012
Saturday, May 12, 2012
Small Estate Affidavit
When a person dies with an estate that does not exceed $150,000 in value, the successors in interest may be able to avoid probate by using a "Small Estate Affidavit". This is also known as an "Affidavit for the Collection of Personal Property under Probate Code Section 13100". The Small Estate Affidavit can only be used for personal property, not for real estate. Examples of personal property include bank accounts, securities, cars, jewelry and furniture.
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