Transferring property into the name of your Trust (or Business) is one of the most, no - it is THE most important step in funding your Trust or Business. To transfer property into your Trust or business you must record a deed at the county recorder's office where the property is located. This deed includes the legal description of the property and must match the county records exactly. If the deed is not recorded correctly, your property may be subject to probate - and let's be honest - that is what we are trying to avoid!
Transferring existing property into the trust:
A deed must be prepared to transfer the ownership of your property into your Trust. We can prepare your deed for $200 per deed, or you can contact a local title company to do it for you. Prices vary across the country, but deed preparation typically ranges from $50-$750. Our deeds are accepted in every state and we include instructions indicating your county recording fees and recording/mailing instructions. PLEASE NOTE: It is very important that a deed is properly recorded or it will be subject to probate!
You have a title to your property (the title states ownership) and you (may) have a mortgage on your property (the mortgage is your loan). They are completely separate from each other. When transferring existing property or purchasing a new property, only the title needs to be in the name of the Trust. It should look like this:
HUSBAND NAME and WIFE NAME, as co-Trustees of TRUST NAME, dated TRUST DATE (your Trust date is the day that your Trust was signed and notarized)
Purchasing new real estate:
You have a title to your property (the title states ownership) and you (may) have a mortgage on your property (the mortgage is your loan). They are completely separate from each other. When purchasing a new property, only the title needs to be in the name of the Trust. It should look like this:
HUSBAND NAME and WIFE NAME, as co-Trustees of TRUST NAME
Depending on your mortgage lender, you may be able to do this the "really easy" way or the "somewhat easy" way.
• REALLY EASY – Some lenders simply need proof of your Trust to complete your refinance. If that is the case, the Certification of Trust (found in your binder) has everything they need. Send in a copy and you are good to go.
• SOMEWHAT EASY – Some lenders require you to transfer the title of your property back into your individual name(s) PRIOR to refinancing your home (because some mortgage companies are particular and like to loan money to individuals, NOT Trusts.) Once the refinance is complete, you then need to transfer the title back into the Trust. Make it easy and give us a call. We will prepare the deeds to make the transfer “out of” and “back into” the Trust for a small fee.
We offer deed preparation for $200 per property. We will prepare your deed with detailed information from the County Recorder where the property is located and send the completed deed to you. We will also include detailed instructions for you to sign and mail-in the completed deed to transfer the property.
You can purchase a deed as part of your Trust Package in our online questionnaire. If you would like to purchase a deed and are not doing any other estate planning/business planning with us, please contact us and we will take care of it right away!
Call us: 801-696-5995
Email us: [email protected] →