Please ensure Javascript is enabled for purposes of website accessibility
Jhon Quintero - M. Celata Real Estate
  • Home
  • Search Properties
    • Map Search
    • Featured Listings
    • Luxury Real Estate
    • Condominium Living
    • Rental Listings
    • Sold Listings
  • Resources
    • Buyer Resources
    • Seller Resources
    • Mortgage Calculator
  • Communities
    • Arlington
    • Boston
    • Cambridge
    • Revere
    • Chelsea
    • Somerville
  • Market Report
  • About
    • About Me
    • Blogs
  • Contact Me
Select Page

Living Trusts

by Jhon Quintero | Aug 11, 2022 | Homeowner Information, Uncategorized

Estate planners often recommend Living Trusts as a viable option when contemplating the manner in which to hold title to real property. When a property is held in a Living Trust, title companies have particular requirements to facilitate the transaction. While not comprehensive, answers to many commonly asked questions are below. If you have questions that are not answered below, your title company representative may be able to assist you, however, one may wish to seek legal counsel.

Who are the parties to a Trust?

A Family Trust is a typical trust in which the Husband and Wife are the Trustees and their children are the Beneficiaries. Those who establish the trust and transfer their property into it are known as Trustors or Settlors. The settlors usually appoint themselves as Trustees and they are the primary beneficiaries during their lifetime. After their passing, their children and grandchildren usually become the primary beneficiaries if the trust is to survive, or the beneficiaries receive distributions directly from the trust if it is to close out.

What is a Living Trust?

Sometimes called an Inter-vivos Trust, the Living Trust is created during the lifetime of the Settlors (as opposed to being created by their Wills after death) and usually terminates after they die and the body of the Trust is distributed to their beneficiaries.

Can a Trust hold title to Real Property?

No, the Trustee holds the property on behalf of the Trust.

Is a Trust the best way to hold my property?

Only your attorney or accountant can answer that question. Some common reasons for holding property in a Trust are to minimize or postpone death taxes, to avoid a time consuming probate, and/or to shield property from attack by certain unsecured creditors.

What taxes can I avoid by putting my property in trust?

Married persons can usually exempt a significant part of their assets from taxation and may postpone taxes after the first of them to die passes. You should check with your attorney or accountant before taking any action.

Can I homestead property that is held in a Trust?

Yes, if the property otherwise qualifies.

Can a Trustee borrow money against the property?

A Trustee can take any action permitted by the terms of the Trust, and the typical Trust Agreement does give the Trustee the authority to borrow and encumber real property. However, not all lenders will lend on a property held in trust, so check with your lender first.

Can someone else hold title for me “in trust?”

Some people who do not wish their names to show as titleholders make private arrangements with a third party Trustee; however, such an arrangement may be illegal, and is always inadvisable because the Trustee of record is the only one who is empowered to convey, or borrow against, the property, and a Title Insurer cannot protect you from a Trustee who is not acting in accordance with your wishes despite the existence of a private agreement you have with the Trustee.

Recent Posts

  • Decorating for Halloween
  • Make your Home Feel Warm and Cozy this Fall
  • Helping Out After a Natural Disaster
  • Slow-Cooker Chicken and Dumplings: Comfort Food Made Easy
  • Why a Condo Could Be Your Perfect First Home

Recent Comments

No comments to show.
  • Follow
  • Follow
  • Follow

Equal Housing Opportunity

Contact Us

268A Broadway Revere,
MA 02151

  (857) 939-0945

  jhonquintero90@gmail.com

Search

Featured Listings

Luxury Real Estate

Condominium Listings

Sold Listings

Services

Buyer Resources

Seller Resources

Home Valuation

Mortgage Calculator

About

About Me

Our Blogs

Contact Me

© Powered by ZipperAgent   |   Agent Login   |   Privacy Policy   |   DMCA

  • My Favorites (0)
  • My Saved Searches (0)
  • LOGIN

Get The Jump On
Real Estate Deals

Sign up today and receive email alerts of new listings
the moment they hit the market.

Please enter a valid first name
Please enter a valid last name
Please enter a valid email address
Please enter a valid phone number
Already have an account? Please Sign In

Get The Jump On
Real Estate Deals

Sign up today and receive email alerts of new listings
the moment they hit the market.

Please enter a valid email
Not a member? Register Here
  • My Favorites (0)
  • My Saved Searches (0)
  • LOGIN

This site uses cookies and related technologies for site operation, analytics, and for a better understanding of how you and other visitors used our site. By continuing to use our website, you agree to our use of such cookies.