How do I transfer real estate into a trust?
In Washington, transferring real estate into a trust is a complex but important estate-planning process. The process begins with the preparation of the trust documents, which typically include the trust agreement, a deed transferring the property, and an authorization for the trustee to invest and distribute trust assets. Once the trust document is drafted and signed, the trustee will typically file the deed with the county auditor in the county where the property is located. The deed should include the name of the trust, the trustee, and the beneficiaries of the trust. The deed is then recorded with the county auditor, and the property is officially transferred into the trust. It is important to note that it is possible to transfer real estate owned by an individual into a revocable trust. A revocable trust is a trust that can be revoked or terminated at any time by the grantor (the individual transferring the real estate). In this case, the deed should include language that the title is being transferred “in trust and in name of the Grantor as Trustee.” Additionally, it is important to note that in some cases the transfer of real estate into a trust may cause a taxable event. As such, it is important to consult with a qualified trust and estate attorney or accountant to ensure that all property transfers are done in accordance with the law and any applicable taxes are paid.
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