Welcome or Register
Back to Table of Contents

Living Trusts

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.

Back to Table of Contents

DON'T MISS A NEW LISTING AGAIN!

Register Now
Already registered? Login

FREE AUTOMATED EMAIL UPDATES
Sign in to take advantage of all this site has to offer. Save your favorite listings and searches – also receive email updates when listings you like come on the market for free!
*Contact Information is NOT Shared*

Testimonials

HI My name is Steve Woodhatch from Sydney Australia.I have bought and sold many properties right across Australia. I am writing of my experience with Dan Reedy from MORE Property. I bought 3 properties from Dan Reedy,and had never bought in USA or knew much about Kansas City Mo,till I heard Dan Reedys radio show. After listening and thought this guy knows what he is talking about I dropped him an email,and made the long trip From Australia to Kansas City mo. I also went to about 4 other states and spoke and looked at many properties,but I found Dan to be the most ethical and Knowledgable as regards the many different markets in Kansas city from Properties in the hood right up to the most expensive suburbs.I will be buying more from Dan. And his wife Nancy is very proficient in accounts and the rental side of the buisness which is one of the most important parts of owning Real estate. Kind Regards Steve Woodhatch Sydney,Australia Steve Woodhatch
It is with much pleasure that I write this letter of recommendation regarding Dan Reedy and his agency, MORE KC. As an overseas investor, finding excellent management was crucial for me, and I feel very fortunate to have Dan and his team looking after my properties. He and his wife Nancy offer a complete real estate service, ranging from rehabbing, to carrying our repairs, finding tenants, and managing the tenancies. Dan is an excellent communicator, which is of paramount importance to the overseas investor. Whenever I have cause to email him, he invariably replies on the same day, and more often within the hour. If urgent repairs need to be carried out, Dan always manages to sort things out immediately, and I always receive his friendly email saying ‘all done’ once things are back in order. Nancy runs the rental side of things like clockwork, with rental statements always delivered on time. The Property Ware software used by MORE KC is brilliant, and because Nancy and her team are vigilant about keeping it up-to-date, owners can log in at any time to check on the current state of bills, repairs, payments, leases etc. I have no hesitation in recommending MORE KC to any property investor, and particularly to out-of-state and overseas investors, who can feel confident that their properties are in good hands. Yours sincerely, Diana Masters Diane Masters
View All

Dan Reedy 816-767-1188

Over 2000 Homes Bought and Sold Since 2005

#1 United Agent Nationally

 

house realtor mls Click for the BBB Business Review of this Property Management in Grandview MO