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Roulet Law Firm, P.A.
Добавлен 27 фев 2014
Attorney Chuck Roulet has devoted his career to helping his clients protect what matters most to them through comprehensive estate, asset protection, and business planning. Chuck is one of only a handful of attorneys who is licensed in both Florida and Minnesota. He has created a series of videos to help you prevent mistakes when choosing guardians for your kids and to help make sure that your estate plan will reflect your wishes. These videos explain what happens if you don't have a will or a trust, how to minimize estate taxes, what probate is and how to avoid it, important consideration for health care directives, how to protect your home and life savings from long-term care and nursing home costs and more.
Protect Your Adult Child: Estate Planning Essentials
Protect Your Adult Child with Essential Estate Planning Documents | Free Guide
Don't lose control when your child turns 18. Discover the 3 crucial legal documents every parent needs to protect their adult child. As an experienced elder law attorney, I'll guide you through:
• Medical Power of Attorney
• Durable Financial Power of Attorney
• Living Will
Learn how these documents can give you peace of mind and ensure you're prepared for unexpected emergencies.
Download my free book "What Happens to Them?" to learn more about estate planning for your family: www.rouletlaw.com/reports/what-happens-to-them-what-every-parent-needs-to-know.cfm
Join our upcoming masterclass to discover strategies for av...
Don't lose control when your child turns 18. Discover the 3 crucial legal documents every parent needs to protect their adult child. As an experienced elder law attorney, I'll guide you through:
• Medical Power of Attorney
• Durable Financial Power of Attorney
• Living Will
Learn how these documents can give you peace of mind and ensure you're prepared for unexpected emergencies.
Download my free book "What Happens to Them?" to learn more about estate planning for your family: www.rouletlaw.com/reports/what-happens-to-them-what-every-parent-needs-to-know.cfm
Join our upcoming masterclass to discover strategies for av...
Просмотров: 16
Видео
Do I Lose the Basis Adjustment When I Put My Home in a Trust?
Просмотров 37714 часов назад
Do I lose basis adjustment when I put my home in a trust. In this video, estate and elder law attorney, Chuck Roulet, answers your question and reveals the differences between revocable and irrevocable trusts and how to maintain this important tax benefit. Here's what you'll learn: - What is basis - The differences between revocable and irrevocable trusts - How to avoid losing basis adjustments...
Homestead Status & Trusts: Avoid Costly Mistakes!
Просмотров 555День назад
Discover how to avoid costly mistakes with your homestead status when transferring your home into a trust! Whether you're a homeowner in Minnesota or Florida, understanding how to preserve your homestead benefits is crucial for property tax savings and asset protection. As an estate and elder law attorney, I'm here to answer the question "Do I Lose Homestead if I Put My Home in a Trust?" and gu...
Transfer on Death Deed Mistakes: Trusts Are Safer for Your Home!
Просмотров 75914 дней назад
Unlock the secrets to avoiding costly transfer on death deed "TODD" mistakes and discover why trusts are a safer choice for your home and family! As an estate and elder law attorney, I'm here to guide you through the complexities of estate planning. In this video, learn how to protect your home and life savings, avoid probate, and secure your assets from creditors and long-term care costs with ...
Avoid Probate Nightmares: The Truth About Transfer on Death Deeds
Просмотров 19121 день назад
Unlock the secrets to avoiding probate nightmares with Transfer on Death Deeds (TODDs). As an estate and elder law planning attorney, I’m here to demystify TOD deeds and help you protect your home and life savings. In this video, you'll discover how TOD deeds work, their benefits, and potential pitfalls. Key advantages include: - Avoiding probate and simplifying asset transfers. - Cost-effectiv...
Hidden Dangers of TODDs: Protect Your Family's Future!
Просмотров 213Месяц назад
Hidden Dangers of TODDs: Protect Your Family's Future!
What are the Disadvantages of Putting Your Kids on Title to Your Home?
Просмотров 182Месяц назад
What are the Disadvantages of Putting Your Kids on Title to Your Home?
Secure Your Family’s Future With This Estate Planning Secret
Просмотров 210Месяц назад
Secure Your Family’s Future With This Estate Planning Secret
Unlock Peace of Mind: Your Guide to Wills & Living Wills
Просмотров 140Месяц назад
Unlock Peace of Mind: Your Guide to Wills & Living Wills
Why One Trust Isn't Enough: Protect Your Wealth NOW
Просмотров 8682 месяца назад
Why One Trust Isn't Enough: Protect Your Wealth NOW
Transform Your Estate Planning with This ONE Strategy! Charitable Trusts Revealed
Просмотров 832 месяца назад
Transform Your Estate Planning with This ONE Strategy! Charitable Trusts Revealed
Protect Your Legacy: The Will & Trust Partnership
Просмотров 1042 месяца назад
Protect Your Legacy: The Will & Trust Partnership
What Are the Disadvantages of Putting My Home in a Trust? Pros and Cons Revealed
Просмотров 182 тыс.2 месяца назад
What Are the Disadvantages of Putting My Home in a Trust? Pros and Cons Revealed
Why Estate Plans Fail Without Elder Law Protection
Просмотров 2902 месяца назад
Why Estate Plans Fail Without Elder Law Protection
The Truth About Medicare vs. Medicaid: Protect Your Future
Просмотров 573 месяца назад
The Truth About Medicare vs. Medicaid: Protect Your Future
Protect Your Wealth: Crucial Steps After a Financial Windfall
Просмотров 713 месяца назад
Protect Your Wealth: Crucial Steps After a Financial Windfall
5 Elder Law Myths Debunked: Protect Your Assets Today!
Просмотров 1103 месяца назад
5 Elder Law Myths Debunked: Protect Your Assets Today!
Protect Your IRA from Nursing Homes: Essential Tips
Просмотров 953 месяца назад
Protect Your IRA from Nursing Homes: Essential Tips
Avoid Estate Taxes: The Secret Power of SLATs Revealed!
Просмотров 4283 месяца назад
Avoid Estate Taxes: The Secret Power of SLATs Revealed!
5 Key Differences Between a Will and a Trust
Просмотров 2403 месяца назад
5 Key Differences Between a Will and a Trust
How Do I Handle an Estranged Child In My Will or Trust?
Просмотров 1654 месяца назад
How Do I Handle an Estranged Child In My Will or Trust?
Avoid Estate Tax with a Qualified Personal Residence Trust QPRT!
Просмотров 1184 месяца назад
Avoid Estate Tax with a Qualified Personal Residence Trust QPRT!
Avoid Family Fights Over Heirlooms: 5 Proven Tips You Need
Просмотров 834 месяца назад
Avoid Family Fights Over Heirlooms: 5 Proven Tips You Need
Why Your Trust Needs a Will: The Hidden Truth
Просмотров 1234 месяца назад
Why Your Trust Needs a Will: The Hidden Truth
Avoid Losing Your Home to Nursing Costs! Discover how with a Medicaid Asset Protection Trust or MAPT
Просмотров 1244 месяца назад
Avoid Losing Your Home to Nursing Costs! Discover how with a Medicaid Asset Protection Trust or MAPT
What Happens to My Home and Savings If I Die Without a Will?
Просмотров 1005 месяцев назад
What Happens to My Home and Savings If I Die Without a Will?
Will Your Kids Owe Taxes? The Truth About Trusts
Просмотров 1175 месяцев назад
Will Your Kids Owe Taxes? The Truth About Trusts
Protect Your Digital Assets: Effective Estate Planning Tips
Просмотров 255 месяцев назад
Protect Your Digital Assets: Effective Estate Planning Tips
All of the "drawbacks" are far cheaper than the costs of going through probate. Do not put your vehicles in your trust as if you are in an accident and sued, they could take assets in your trust. Do not put your personal property such as furniture, jewelry, etc. in a trust; make a will for your all of your personal property and have it notarized and properly witnessed. Also, make sure you have a bank account of some kind in the name of the trust and name the trust as beneficiary on all of your other accounts including your IRAs and investments, but leave at least one personal account as a "pay on death" to your beneficiary so they can take care of immediate needs such as ongoing bills (mortgage, utilities, credit card, vehicle registration, property taxes) and funeral expenses as it will take time for the trust's surviving trustee to get certified copies of death certificates, consult with your trust attorney, and any banking and other paperwork accomplished to settle your estate. In addition, have all important papers in ONE PLACE - including your trust documents, will, final wishes and information regarding your funeral arrangements and whether the arrangements are prepaid, deeds, vehicle titles, home/vehicle/life/AD&D insurance policies, and list all of your income sources and, especially, your creditors and what you owe them for, what their collateral (if any) is, when the payment are due & how much, and how they're paid (by check or are they paid automatically from your bank account(s) when due, etc.). This will make a world of difference to the person handling your affairs when you pass.
So can you transfer that $1 million dollar vacation home that was purchased for $200k in an "irrevocable trust" but will get the "stepped up" basis at death??? It seems like the answer is typically no unless it's a "defective" grantor trust (which means it's not an irrevocable trust, right? 🤔) or are there "magic words" that make an irrevocable trust still able to received the stepped up basis at death?
If the trust assets are included in your estate for estate tax purposes, even though the trust is irrevocable, then yes, there is a basis adjustment at death. If the assets are not included in your estate for estate tax purposes, then no basis adjustment. Your intent in creating the trust will determine how it is designed.
@@rouletlawfirmp.a.4922 thanks for the clarification. 👍
@@lamabryant9758 You're welcome.
How do I look up the answer to my question in your comment?
I am at California resident. I purchased it townhouse in Florida as an investment property, I am trying to put it under my California LLC does this work or do I need to make an LLC in the state of Florida first?
I would suggest just setting it up in FL. You could set it up in CA, however then you would need to register it to do business in FL. If you need help setting it up in FL, we'd be happy to help. You can reach my assistant at 941-909-4644 or through our website at Rouletlaw.com
Im in central FL, how much do you charge for service.
Please call my office at 941-909-4644 and my assistant can discuss what you may need and want and possibly give you an estimate based on that.
What about property taxes? Not having a homestead exemption can be costly over time. Can a Trust have tax advantages in this scenario?
Hi, I answer your question in this video: ruclips.net/video/3Lwq88VuxJk/видео.html
If I live in Iowa and also bought a home in Florida . What must be done to get my Florida home in our trust. We are just snowbirds. Will continue to live in Iowa. Who would you recommend for an estate attorney in Florida in Seminole Fl area.
If you just need a deed to put your home into your trust, we can help. If you also need to update your documents to operate under FL law rather than Iowa, we could also help. We are located in the Sarasota area.
Can you not use a Quit Claim Deed before the person passes which would keep from having to go through probate?
Here is a link to my video discussing why I do not suggest putting your kids on title to your property.
In Florida, do you loose your Homestead Exemption if you transfer ownership to a Trust from an Individual? Thank you
Is irrivocablw trust protect my home from long term care or hospital stay while on medicaid? I got thing in mail that im over 55 and State WI can put lien on my property?
Hi, Here is a video I did on how to use a specific type of trust to protect your home from nursing home and long-term care costs. ruclips.net/video/ZFmSbUI59cA/видео.html
Is the trust manager responsible fot the home mortgage?
If you put your home into a revocable trust, you are usually the one creating the trust and the trustee of it. You would still pay the mortgage.
@@rouletlawfirmp.a.4922 thanks. that's something to consider before i put my parents home in a trust.
Election is one of those things that could really contribute to portfolio growth and vice versa. I've been going hard with my investments this year and have been able to build up to 180k. Are there tips I could apply to help me grow my portfolio even more during this election season?
Well detailed video. Things are a bit strange right now. Inflation is making the dollar weaker for buying things like basic needs, but it's getting stronger against other stuff. So, stuff like stocks, houses and precious metals aren't doing so great because folks are putting their money into banks for safety but I'm worried about my retirement savings losing value fast
If you are in cross roads or need sincere advice on the best moves to take now its best you seek an independent advisor who knows about the financial markets. It's better to hire a skilled financial planner especially if you're not one yourself. I hired one, after my retirement pension took a hit in April due to the crash
How can I participate in this? I sincerely aspire to establish a secure financial future and am eager to participate. Who is the driving force behind your success?
My CFA ’Gabriel Alberto William a renowned figure in her line of work. I recommend researching his credentials further. he has many years of experience and is a valuable resource for anyone looking to navigate the financial market.
Thank you for putting this out, it has rekindled the fire to my goal
The "Free guide" is not free. You are required to provide personal information, including you phone number. Who will your name and phone number be sold to? Personal information has value, and we're already getting endless phone calls from spam callers, who needs more?
We don't sell your information.
Sir, are you looking for a professional RUclips thumbnail designer?
With deed fraud on the rise, does placing a home inside a trust make it more secure from this sort of crime?
Thanks for your question. Yes, it can make it a bit more secure since if they want to transfer a property out of a trust, in most instances they would also need to prepare and record a certificate of trust and/or affidavits of trustee in addition to a trustee's deed which examples of may not be as readily available and easy to create for a layperson as a quitclaim or warranty deed.
No download links?
Thanks. For some reason it didn't sync when I uploaded to RUclips. I've added the links to the guides and masterclasses in the description. And I love your profile pic!
I put all my and my late wife’s rental properties into an irrevocable trust fund for myself and my sons’ children for educational purposes. I wanted to make sure it was an irrevocable trust, so that no matter how my relationship goes with my children the properties will not be in my eventual will. I expect to live quite awhile longer, and wanted to make sure I have some additional income from the rentals. I was fairly sure I was going to remarry a much younger woman in a foreign country. Everything I build after our marriage will be for my current wife and family. The only problem with this is the resistance to creating an irrevocable trust from lawyers. This was not a quick decision on my part, I had thought about it for quite some time. My personality is also such that I almost never look back at decisions and wished I had changed them - they are all learning moments. Almost five years later I still think it was the best decision.
I hope you and yours suffered no damage during those horrible storms.
Thanks for checking in. We lost some roof tiles on our home and our office sustained damage. All things considered, we were very fortunate. Unfortunately, many of our friends, clients and neighbors were not so fortunate.
Higher property taxes, no exemptions, and more difficult to contest property taxes.
Hi, as mentioned in response to other questions, a properly prepared trust should not impact your property taxes or exemptions and I'm not sure what you are referring to when you write "difficult to contest property insurance." Who is "contesting" property insurance?
@@rouletlawfirmp.a.4922 NYS for example gives credits to people, and various exemptions. You'd be paying more if the land were owned by a trust, and not an individual. And they access higher. What a coincidence. And they cannot contest their taxes easily.
@@normbograham3 As I am not licensed in NY, I wasn't aware of their obviously odd rules. Thanks for sharing.
@@rouletlawfirmp.a.4922 NY is a big state, but outside of the NYC area, and cities, it seems a bit of the wild west out there. They seem to have a contempt for businesses and even trusts.
@@normbograham3 Unfortunately, not surprising.
Thank you for a very informative presentation. Does putting home in a trust affects the ability to use home office deduction?
Hi, I'm glad you found this helpful. You should confirm your personal situation with your CPA, but a revocable trust should not, barring something else, impact the home office deduction.
@@rouletlawfirmp.a.4922 Thanks a lot for your answer.
Thank you for the great advice. I plan to listen to your channel often.
Thanks. I'm glad you found this video and my channel helpful!
When my mom died her will created three new trusts, which, along with a trust that had been set up a decade earlier, keeps me busy filling tax returns. For various personal reasons I used a tax accountant this year, he changed a little over one thousand dollars _per trust_ for filing the returns. Obviously I will go back to doing them myself, but it’s still substantial time and effort every year to do all the tax paperwork for the trusts, I would consider that a substantial downside. As an aside, the AI recommended this video to me, apparently because last weekend I was at a friend’s house, hanging out, just casual conversation, and we were discussing the pros and cons of him putting his house in trust to avoid probate, and now this video pops up in my feed Monday morning. I’m old enough that I’m not used to the ubiquity of AI surveillance, and it kinda creeps me out, but I suppose I should be happy that the AI connected me to a useful resource.
Thanks for your comments. I'm glad you found the video as well. The downside you are having is not that your mom's home was put into a trust. Rather, it is that she decided to design the trust to keep assets in it for some period of time after she passed away (and there are often good reasons for doing that). If instead of maintaining assets inside of the trust, they were distributed to you and other heirs after her passing, then only a final tax return would have been required instead of ongoing returns. So it was the design of the trust and not that a home was in a trust that is the "downside" for you. I hope that helps.
@@rouletlawfirmp.a.4922 thanks for the additional context and information. In my case, the trust lasts until the last of my sister and I die, at which point all the assets in the trust go to charity. My biggest concern about the trust is who will do the paperwork when I’m no longer able to do it myself.
We lived in Florida and had a will and trust completed in that state. We sold our home there and purchased a home in Illinois Can you tell me the proper steps to update our trust with our new address without having to incur all new costs.
I am not licensed in Illinois so I cannot comment on what you may need to change, if anything. You should contact an attorney in Illinois to discuss whether or not any changes are needed.
So I recently heard that if you have a trust and also have over 100k in assets that are not owned by the trust, then you will still go to probate. I heard this from an Illinois bank’s trust dept. Can anyone clarify this?
All states have a specific amount of money/assets that if you own them in your own name without a surviving joint owner or beneficiary or that you did not have in your trust, then probate is required for those assets. So yes, if there were assets not owned by the trust and without a surviving joint owner or beneficiary that total over the amount specified by state law in IL, probate would be required.
You could also weigh in on the different kinds of trusts as in revocable and irrevocable and their pros & cons.
Thanks for your question. Here is a link to a video where I previously discussed the differences between revocable and irrevocable trusts ruclips.net/video/pzUfS5jwKRM/видео.html
I don’t think any of those listed objections are a reason to avoid a trust. In addition the trust can be passed per stirpes and is a more recognized.
Thanks for your comment.
I was a stay at Home mom with no money in my IRA or any savings of my own, which was scary at 53 years of age. Three years ago I got a part time job and save everything I make. After 3 years, I am 56 yo and have put $9,000 in an IRA and $40,000 in my portfolio with CFA, Evelyn Infurna. Since the goal of getting a job was to invest for retirement and NOT up my lifestyle, I was able to scale this quickly to $150,000. If I can do this in a year, anyone can.
I know this lady you just mentioned. Evelyn Infurna Services is a portfolio manager and investment advisor. She gained recognition as a former employee at Goldman Sachs; a renowned investor she is. Evelyn Infurna has demonstrated expertise in investment strategies n has been involved in managing portfolios and providing guidance to clients.
I went from no money to lnvest with to busting my A** off on Uber eats for four months to raise about $20k to start trading with Evelyn Infurna. I am at $128k right now and LOVING that you have to bring this up here
As a newbie, what do I need to do? How can I invest, on which platform? If you know, please share. I'm new to this, please how can I contact her?
Use her name to quickly conduct an internet search.
SHE’S MOSTLY ON TELEGRAMS APPS WITH HER NAME.
If you already have a Revocable Trust there are no drawbacks in putting your home in the trust. Don’t believe me? Find any nice neighborhood in your area and look up the title to see the owners, 80% will be revocable trusts.
Thanks for your comment, and yes, that is often the case.
Great information, one additional issue with trusts is you cannot pull a permit to do your own work or be your own general contractor in Florida for your primary residence.
What about the reset of the basis? It's not too economical to pay taxes on $480,000 when you have to sell grandma's $10,000 house.
You still receive the basis step-up when in a revocable trust. An irrevocable trust can also be drafted to receive the basis step-up..
My state allows Transfer on Death deeds which is a much lower cost option that transfers ownership upon death. Also, keep in mind any retirement accounts (IRA, 401K, etc.) cannot be put inside of a trust and must stay in individual's name. Naming beneficiaries solves this problem with no added cost.
Thanks for your comment. You may want to check out this article on my website where I discuss the hidden dangers of transfer on death deeds (which I will be turning into a video soon). www.rouletlaw.com/blog/the-dangers-of-transfer-on-death-deeds-what-you-must-know.cfm Yes, you are correct that you don't want to change the ownership of qualified retirement accounts to a trust as that would be a taxable event and naming beneficiaries on them avoids probate. However, a properly drafted trust can be the beneficiary and still get the "stretch". This can be a benefit when you have minor children and/or you do not want to leave them outright to a beneficiary for some reason such as poor money management skills, a divorce, substance abuse issues, creditors or if they are receiving certain types of government benefits.
No step up basis!
You still get the step up in basis for assets in a revocable trust. You can also get it for assets in an irrevocable trust. Only when the trust is designed to move the property out of your estate for estate tax purposes do you not get the basis step up.
Back in the day, when I purchased my first home to live-in; that was Miami in the early 1990s, first mortgages with rates of 8 to 9% and 9% to 10% were typical. People will have to accept the possibility that we won't ever return to 3%. If sellers must sell, home prices will have to decline, and lower evaluations will follow. Pretty sure I'm not alone in my chain of thoughts.
If anything, it'll get worse. Very soon, affordable housing will no longer be affordable. So anything anyone want to do, I will advise they do it now because the prices today will look like dips tomorrow. Until the Fed clamps down even further, I think we're going to see hysteria due to rampant inflation. You can't halfway rip the band-aid off.
consider moving your money from the housing market to financial markets or gold due to high mortgage rates and tough guidelines. Home prices may need to drop significantly before things stabilize. Seeking advice from a financial advisor who understands the market could be helpful in making the right decisions.
I will be happy getting assistance and glad to get the help of one, but just how can one spot a reputable one?
I just looked her up on the internet and found her webpage with her credentials. I wrote her a outlining my financial objectives and planned a call with her.
oh here we go again with the back in the day comments about interest rates, yes they were higher, but the prices of homes were a lot less than they are currently. BACK IN MY DAY BACK IN MY DAY.
If you put your home in a trust do you loose your homestead exemption?????
I can't comment on all states and all types of trusts. However, in MN you do not lose homestead for transfers into a revocable trust. In FL you do not lost homestead as long as both the trust and the deed transferring the property into it contain the required language.
As an lnvesting enthusiast, I often wonder how top level investors are able to become millionaires off investing. . I’ve been sitting on over $545K equity from a home sale and I’m not sure where to go from here, is it a good time to buy into stocks or do I wait for another opportunity?.
Well as you know bigger risk, bigger results, but such impeccable high-value trades are often carried out by pros.
People dismiss the importance of advisors until they are burned by their own emotions. I remember a couple of summers ago, following my lengthy divorce, I needed a good boost to assist my business stay alive, so I looked for qualified consultants and came across someone with the highest qualifications. She has helped me raise my reserve from $275k to $850k, despite inflation.
How can I participate in this? I sincerely aspire to establish a secure financial future and am eager to participate. Who is the driving force behind your success?
My CFA NICOLE ANASTASIA PLUMLEE a renowned figure in her line of work. I recommend researching her credentials further.
My CFA NICOLE ANASTASIA PLUMLEE a renowned figure in her line of work. I recommend researching her credentials further.
I have my home in a living trust in California. 500K can be excluded from the capital gains if married and file jointly. The question is: if the house in a living trust, can I still get this capital gains exclusion?
Trust doesn’t change income taxes.
A “ living trust” does not change the income tax result. Other trusts may well affect income tax.
Does trust supersede guardianship?
A guardianship is when a court appoints a third party to help take care of someone. A conservatorship is when a court appoints a third party to help manage someone's financial affairs. These are completely separate from a trust and one does not supersede the other.
Disadvantage #2 is a big one. My mother-in-law had to refinance to get some money to fix a septic issue. Wells Fargo did something where the house was pulled out of the trust. Didn't even seem they wanted to go through the legal paperwork to have it kept in the trust during the refinance. We caught this when we had her trust updated (just before severe dementia kicked in) Also Wells Fargo was listed as the executor which we removed during the update. Not sure when they were put on the trust as executor. Moral of the story, make sure you keep the house in a trust at all costs. Review and get it updated (revocable trust) Those costs are much less (we paid about $2500 to update it) You don't want to go through probate 🙂
That sounds pretty fishy that Wells Fargo would be made the executor of a trust. That would seem to mean that they would have been able to determine how the trust contents would get distributed. But I'm sure they have your best interest when they did that, Don't you think ?
Not sure how Wells Fargo got on the trust. The trust has been around since 1990 Mother in law had two underage children. Also had a mortgage with Wells Fargo. While they would have been bound by law to act according to the trust, I am curious if they would have charged a "fee" to act as executor? Just not sure how it was decided to have WF on the trust. I am guessing WF probably pushed it? Saying something like since she had a mortgage with them they had to be? I am guessing back in 1990 things were much shady back then. Just a lesson to review all trusts and wills if they've been around for decades.
Wow. Shady. I hate Wells Fargo.
Where he talks about the cost. I printed the trust documents out for free online and paid 5$ to have it notarized when done.
Anyone that owns a home and doesn’t have it in a trust is just a clueless person.
Do you know what step up in basis is?
You still get the step up in basis for assets in a revocable trust. You can also get it for assets in an irrevocable trust. Only when the trust is designed to move the property out of your estate for estate tax purposes do you not get the basis step up. And if you are doing that, it is because it makes sense to do it for tax planning.
@@rouletlawfirmp.a.4922 Ok thanks. Seems others on you tube say no step allowed if home is in a irrevocable trust.
How does putting the home in a trust affect homestead property tax exemptions?
I can't comment on all states and all types of trusts. However, in MN you do not lose homestead for transfers into a revocable trust. In FL you do not lost homestead as long as both the trust and the deed transferring the property into it contain the required language.
Can't i just add someone to my Deed ?
I have had my assets and homes in trusts since 2004. I have sold and refinanced multiple times. Trusts are so common now that I have never had a problem or additional cost associated with any transaction. I have had to furnish trust documents for review but there has never been any cost associated with it.
While it depends a bit on the lender, that is largely the experience for us and our clients as well. Thanks for sharing.
Shouldn’t you only need to furnish a certificate of trust so that the bank doesn’t get to see the private details of your trust?
@@firehorsewoman414 You should only need the certificate of the trust but, I have had to furnish the entire trust. It has not been a problem. It is just another email document.
@@firehorsewoman414 Thanks for your question. Yes, the point of a certificate of trust is so that third parties who may need to interact with it (like a bank), have the information they need while the balance of your trust can remain private.
What is the 3% to 6% cost you referred to with probate for a trust? Who gets that percentage, and is there a way to eliminate it altogether?
A fully funded trust can avoid probate. The 3% to 6% is an estimate of what probate costs.
@@rouletlawfirmp.a.4922 Who gets the 3% to 6% in probate? If you're talking about some thieving attorney, NO WAY! I don't need thieving "help" like that.
No disadvantages in my opinion...
I’m really hoping you can reply in hypothetical terms. Question is re: Mortgage Co-Rev trust split equally amongst siblings. When a trustee sells trust real property to a beneficiary well below FMV, with the knowledge that another beneficiary disagrees (but states “all beneficiaries agree to convey property”) on deed transfer is the mortgage lender concerned? Should they be notified of the misrepresentation?
Thanks everyone for the comments, critiques and questions. I will do my best to get back to everyone, and even record additional videos answering some of the questions that came in, as soon as I can. However, I am losing a family member and our home and office are in the path of hurricane Milton so we are preparing for that. If you or a loved one have been impacted by hurricane Helene or will be impacted by Milton, our thoughts and prayers are with you. Be safe and God Bless!
All the best!
I am a beneficiary of an SNT , I Live on SSI and the trust is running out Now as soon as it's down under 200 my Mom is supposed to grab it from the Fiduciary , My Dad added the House to the trust and said to move right in . I been here 11 years and just now took the electric bills off of the trusts name into mine and this Single family home used to be a Duplex in the 70's . My Dad had it legally turned into a single family in the early 90's by having the Gas meter removed , the upstairs Mail box , He had stairs put in but forgot about the eclectic as he could just pay the bill until he could Die and he did pay the city and it was and is a single family , even on Zillow and all other real-estate sites , on the Taxes I have had the trust pay the last 11 years it says single family . Well when I had called the electric company to take the bills out of the name of his trust and into my name it trigged Health and Human services to send me a letter saying they want it inspected for $200.00 within 30 days , I live on SSI Money now and that's $963.00 a Month in Mo. , I guess I'll have to go down and explain that this is a Single family . If you've been living in a single-family home that was previously a duplex and now people suspect someone is trying to move into the upstairs unit because you recently updated the electrical system .. New System triggers this I guess ?
Olo
good video, But, the "How to Protect Home & Life Savings" did not show. can you forward this to me? Thanks in advance.
@@bobcathymattson6065 Hi, there is a link in the description. That being said, here is the link you can use to request your copy of "Save Our Home: How to Protect Your Home and Life Savings from Long-Term Care and Nursing Home costs" www.rouletlaw.com/reports/how-to-protect-your-home-from-nursing-home-costs.cfm
Can I sell a house I have in a trust?
Yes you can.
Potential disadvantage - Check received for your asset will be made payable to the trust, not you. If you don't have a bank account in the trust's name, that could cause issues. I have a rental condo that is in a trust. The ownership of my condo is The Revocable Living Trust of [my name], [my name, Trustee. This was put into a trust due it being in a state other than the one in which I live, as you explained in this video. Less than a year ago, I had a casualty insurance claim. The check was made payable to the trust's name. I don't have a bank account for the trust (yet), and my bank refused to honor it for my account. Fortunately, I was able to get the insurance company to issue a new check just in my name, but it seemed like a big hassle for them. If I foresee something like this happening again, I'll look into opening a separate bank account. In case you're wondering, the rent payment checks go to a management company, who takes fees out of them and then direct deposits the remainder into my own bank account.
All the cons are “too much paper work and cost, and then there’s so much paper work” I will now hit the “do not recommend this channel” option under the three dot menu
After going through probate when my parents died, I went immediately to an attorney and did a trust, so my son doesn't have to go through probate. I am surprised my parents didn't do this because my mom would have been so pissed knowing how much money we had to pay the state.
True, we paid out $19,500 inhertnance fees.
Thanks for sharing. Every client that we have worked with that previously went through the probate process for a family member has wanted to avoid it for their own family.