What Assets Can be Named in a Trust?
Video Summary
What assets can you include in your trust? Well, there are a precious few assets that I can think of that cannot be titled in your trust. The only time that you would not be able to title an asset in a trust is if whoever is issuing a particular titled security or asset refuses to allow it to be titled in the name of the trust. But, titling it in the name of the trust is really a misnomer. You title trust assets in the name of the trustee rather than in the name of the trust. So, assets would be titled as, “John Doe as Trustee of the John Doe Revocable Trust, dated October 24, 2011.”
You do not want to just title it as, “The John Doe Revocable Trust” or, “The John Doe Trust.” Likewise, you don’t want to title your assets as, “John Doe as Trustee.” The Florida statutes, as far as real property is concerned, states if you title assets as, “John Doe as Trustee,” they consider it individual asset. The trust must be identified. However, the assets should be titled in the name of the trustee of an identified trust. The biggest problem with people setting up revocable trusts is that they don’t retitle their assets in their name as trustees under their trust. So, they don’t get the benefit of the revocable trust, which is usually to avoid probate.
One other reason many people transfer their assets into a trust is that they believe it will protect those assets from creditors. Your assets that you transfer into a revocable trust are not protected from your creditors. If you set up an irrevocable trust, meaning a trust that cannot be changed, and you do not exercise control and dominion over those assets, then those assets could be protected from your creditors, provided that you’re not doing it for the purpose to evade your creditors. So, if you’d like to set up an irrevocable trust or to fund your revocable trust, give me a call at (727) 847-2288. I’ll be glad to assist you. Thank you.
When Someone Dies, What Happens to His or Her Bank Account?
Video Summary
When someone dies, what happens to their bank account? Well, the first thing you need to do is to look at how the bank account is titled. If the bank account is jointly held, then the bank account becomes the sole property of the survivor. So, if there’s a Jane Doe and a John Doe on the account and John Doe passes away, then the account becomes the sole property of Jane Doe. If the accounts are set up in the name of John Doe and POD, which stands for “payable on death”, to Jane Doe, then Jane merely presents a death certificate to the bank and then the bank will disperse the account to Jane Doe.
Also, another designation for bank accounts is ITF. It’s called “in trust for” and if the account is set up under “John Doe, ITF, Jane Doe”, Jane Doe merely needs to present a death certificate to the bank and they should disperse the account to her. If the account is just in John Doe’s name and there’s no beneficiary or co-owner, then the account must go through an estate proceeding. What type of probate proceeding will be necessary will depend on the size of the account, and it will go to whoever his heirs are.
If he does not have a bank account subject to administration it will go to the payment of creditors. If he has a will, John Doe would designate who he would want to receive the bank account and it would be subject to administration again, but would go to the designated beneficiaries. If he has none, then the account could go to the State of Florida. If the account is never probated and just sits, it could be considered abandoned property and after a very long period of time the state may receive it. Many times heirs are contacted by various companies who locate abandoned assets and contact you about setting up an estate proceeding; of course, they’re entitled to a fee for finding these assets.
So, it depends on how the account’s set up as to who receives the bank account when someone passes away. If you have any questions or if you have a bank account that a decedent owned, give me a call and I’ll be glad to assist you in recovering the bank account or handling the probate proceeding. My phone number’s (727) 847-2288. Thank you.
How Often Should I Update My Trust?
Video Summary
How often should I change my trust? Well, the first question is whether or not you have what they call a revocable trust, meaning a trust that you can amend (because if you have an irrevocable trust that means you cannot change it). But let’s assume that you’re talking about a revocable trust. If you reserve the right to amend the trust, I suggest that you review the provisions of your trust at least once a year, particularly the provisions that provide for who receives the assets at your death, and you should change it any time your circumstances change.
In the event that you lose one of the beneficiaries, you would want to consider who you would want to receive that beneficiary’s share. If you have family problems or domestic problems, you may wish to also change your trust. So, you change your trust just like you change a will—when your circumstances change. The laws are changing now in the event of divorce. Under a will scenario, an ex-spouse is automatically taken out of your will, so even if you left him or her everything, they would not inherit once you are divorced.
I believe that they’re working on trust legislation to provide the same thing in a trust document. So, this would be another circumstance when you would want to review your estate plan. Review not only your will or trust document but other documents, such as a living will, if you may not want your ex-spouse to make a decision on a life-or-death situations (such as discontinuing life support) or being named your healthcare surrogate or possibly a power of attorney, which particularly leading up to the divorce, could be particularly dangerous.
So, if you’re going through domestic problems, you may want to set up an appointment to discuss your estate plan and what you can and cannot change while you’re going through the divorce proceeding. And certainly, after the divorce, you’ll want to review your documents. If you have some questions about this or would like to set up an appointment to review your trust and talk about any change in circumstances, we’ll be happy to do so and prepare an amendment to your trust. My phone number is (727) 847-2288.
Can I Leave Money to My Pet?
Video Summary
Can I leave my assets to my pets? This question is becoming more and more popular and Florida has passed a statute, as far as trusts are concerned, that specifically authorize a trust for your pets. It’s usually included in your will and provides you designate who you wish to care for the pet, and then you appoint someone else to supervise that the funds are applied for the pet’s use and care.
There is a specific provision for a pet trust, so if you’re interested in providing for your pet under your will, please give me a call and set up an appointment and I’ll be happy to assist you in setting up a trust provision for your pet when you’re no longer with us. My phone number is (727) 847-2288.
- Published in Estate Planning, Videos