Necessity to fund your trust

As I am working today on research of legal descriptions for a farmer, I wanted to take some time and put out a reminder that your Successor Trustee can only control property that has actually been placed in your Trust during your lifetime.

You can only fund real property (land, houses, minerals) into your trust by conveyance through a recorded deed. For bank accounts, money market accounts, investment accounts, stocks and bonds, you must go to each financial institution and change the ownership. For titled vehicles, you must take the Certificate of Title to the Tag Agency (in Oklahoma) and have a new Title reissued in the name of the Trust. If you want to designate your Trust as beneficiary on life insurance, an annuity, or, if you are fully informed of the consequences, a retirement account, then you must make such designation with the company/custodian of the account.

If you do not make the changes during your lifetime, the asset will either have to go through probate to be re-titled into the Trust, or if there was a separate beneficiary/joint designation, it will still follow that other contract, rather than your Trust.
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The important thing is to review your assets on at least an annual basis to see where title is actually held. If you have questions, you should contact your estate planning attorney to get them answered. If you wait too long you may subject your beneficiaries to undue costs and delays (because of probate) or lost inheritance (because of incorrect beneficiary designations).

Feel free to contact me if you would like a complimentary review of your plan to ensure it does what you want it to.

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