Here’s what trusts are and why they matter for property owners.
Today, we're delving into a critical topic–the value and significance of trusts when it comes to owning real estate assets. I want to emphasize that I am not a trust attorney, so consulting with a legal professional is essential when setting up a trust. However, understanding what trusts are, their significance, and why they matter is vital.
So, what exactly is a trust? In simple terms, it involves transferring an asset, such as real estate, from individual ownership (yours, your spouse's, or family members') into a separate entity, somewhat like an LLC for businesses.
The importance of trusts becomes particularly evident when dealing with real estate assets. In California, we encounter something called probate, even if you have a will. If you lack a trust, your property and assets automatically enter probate, where the courts determine how to execute your will and distribute assets based on your wishes.
However, if you have an up-to-date trust, your wishes are executed according to the trust's goals when you or a family member passes away. Your trust attorney will inquire about your preferences for your property, bank accounts, and more after your passing.
It's crucial to emphasize that even if your only asset is your home, as soon as you purchase your first property, consider investing the time and effort into placing that asset into a trust. The process is relatively straightforward. Having a trust for your primary residence or second home eliminates the need for probate.
In California, there have been instances where individuals had to wait for probate court rulings during the COVID pandemic, causing significant delays. For example, a person waited two and a half years to sell their mom's home because it wasn't in a trust. This delay incurred a 15% cost, not to mention the expenses of maintaining the property during this period.
As always, I strongly recommend consulting an attorney for your trust-related matters. If you're looking to sell your home, feel free to reach out to us at 916-436-SELL. Visit our website at
www.homesbyelevate.com, and
click here if you need a great trust attorney. We look forward to hearing from you.
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