FEATURES & NEWS

Estate Planning

Lawyers for Elderly Abuse 

Lawyers for Elderly Abuse in New York Understanding Elderly Abuse in New York Elderly abuse is a pervasive and often underreported issue affecting seniors across

Read More »
Revocable Trust Lawyer in New York
Estate Planning

Revocable Trust Lawyer

Revocable Trust Lawyer in New York Understanding Revocable Trusts A revocable trust, also known as a living trust, is a powerful estate planning tool that

Read More »
Estate Planning Tips for Entrepreneurs in New York
Estate Planning

Estate Planning Tips For Entrepreneurs

Estate Planning Tips for Entrepreneurs in New York Introduction: Why Entrepreneurs Need Estate Planning For entrepreneurs, estate planning is more than a personal necessity; it’s

Read More »
Will And Trust In New York
Wills and Trusts

Will And Trust In New York 2024

Wills and Trusts in New York: Your 2024 Comprehensive Guide As we approach 2024, the estate planning landscape in New York continues to evolve. Understanding

Read More »
Understanding Wills and Trusts in New York
Estate Planning

Wills and Trusts New York

Understanding Wills and Trusts in New York Wills and trusts are essential tools for estate planning in New York. Each serves distinct purposes and offers

Read More »
Estate planning in the digital age
Estate Planning

Estate planning in the digital age

Estate Planning in the Digital Age Introduction The digital age has transformed nearly every aspect of our lives, including estate planning. As online platforms and

Read More »
Trusts for Minor Children in New York
Estate Planning

Trusts for Minor Children

Trusts for Minor Children in New York Understanding the Importance of Trusts for Minor Children Establishing a trust for minor children is a vital component

Read More »
Five Common Mistakes a Probate Lawyer Could Make in New York
Estate Planning

5 mistakes a probate lawyer

Five Common Mistakes a Probate Lawyer Could Make in New York Probate is a vital process for administering an estate after someone’s death. However, even

Read More »
Reasons to Hire a Probate Lawyer in New York
Estate Planning

Reasons to hire a probate lawyer

Reasons to Hire a Probate Lawyer in New York Probate is the legal process of validating a will and administering an estate after someone’s death.

Read More »
3 Ways to Avoid Probate in New York 2024
Estate Planning

Provide 3 ways to avoid probate

3 Ways to Avoid Probate in New York 2024 Probate is a legal process that oversees the distribution of a deceased person’s assets. While it

Read More »

Estate planning: Transferring Assets Into Your Revocable Living Trust

Creating a trust doesn’t just end there. A trust is as good as an empty purse when it has not been funded. To fund a trust is to transfer assets into the trust, and the trust becomes effective immediately.

What Assets Should I and Should I not Transfer Into my Revocable Living Trust?

In transferring assets into your revocable living trust, care should be taken so as not to transfer those assets which are better left alone. Since the purpose of a revocable living trust is to plan for mental disability and avoid probate, there are assets which are more suitable for funding into a revocable living trust.

Real Estate

The foremost purpose for creating a living trust is probate avoidance, and since probate cost increases with the value of property probated, it is wise to avoid probating something as valuable as a real estate by transferring it into a trust. If there is a loan on the house, the debt will follow the house into the trust and down to the beneficiary.

Vehicles and Other Personal Property

A good estate planning attorney would advise you not to transfer your vehicle into your revocable living trust, especially when you still very much use it. There is no penalty if you do, but imagine having to take it out of the trust anytime you want to use it, unless you are the trustee. Also imagine how complicated it would get doing registration and insurance in the trust’s name. Most insurance companies do not even allow it. You could easily use a pour-over will to transfer the vehicle to the trust at your death. You could do the same for other personal property like computers, furniture, jewelry, etc.

Bank Accounts

These include all kinds of savings, fixed-deposits, money markets, etc. While all bank accounts can be transferred into the revocable living trust, transferring a Certificate of Deposit (CD) account into your trust may be seen by some banks as you withdrawing the funds, and you may be penalized.

Non-retirement Investment and Brokerage Accounts

These include assets held in an account titled in your name, or in joint names. Changing the name to that of the trust (when you transfer such accounts to the trust) may attract an income tax penalty. It is better to designate the trust as the beneficiary of such accounts than funding them into the trust. These do not include retirement accounts and qualified annuities.

Business Interests

Putting your business though the lengthy process of probate can be calamitous for your business. Your executor would have to run the business during that time under court supervision, and this may lead to huge losses as his or her attention would be divided. It is better to transfer your business interest directly to your beneficiary through a revocable living trust, so they can immediately take charge of the business after your death.

Retirement Accounts

Individual retirement accounts and 401(k)s can never take the name of the revocable living trust. The only way to go around this is naming the trust as the beneficiary.

Non-qualified Annuities

These can easily be transferred into your revocable trust without consequences. You can as well name your trust as beneficiary.

Stocks and Bond

For stocks, you must return the original certificate and request for a new one if you desire to transfer the stock into your revocable trust. You have to obtain a “Medallion Signature Guarantee” on the stock transfer form, and make insurance for 2% of the shares current market price. Apparently too much hassle for an asset as simple as stocks and bonds. If you have a brokerage account already in your living trust, avoid all that stress by simply depositing your stock certificate into the brokerage account.

Loans and Mortgages You've Made

It’s recommended you redraft such agreements and put the trust in place of your name so that it becomes the current lender.

Life Insurance

Life insurance proceeds do not go through probate before being inherited by the beneficiary, so there really would be no need transferring it into the trust. If you must, know that you are giving your trustee legal authority to handle your insurance proceeds, and they may borrow against its cash value to pay for your health care during incapacitation. Nevertheless, if you have designated a minor as the beneficiary of your life insurance, you should name the living trust as the new beneficiary and have a trustee manage the funds on their behalf. As life insurance policy are taxed as part of your estate, you should speak to your estate planning lawyer about how to keep insurance proceeds out of the estate.

Estate Planning Attorney Near me 10020

There are so many complex assets which you may have that require special tax planning. Kindly speak with a qualified and well-vast estate planning lawyer in your area to find out the best ways to handle every asset which you own, and be assured that he’ll hear you out and proffer you the best reasonable solution.

to schedule a consultation today.
Please reach out to us at:

Most Popular: