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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.

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Testimonials Page

This property sale was very difficult to get accomplished. Mrs. Debbie Trey work many hours and months to get this sale done. I believe her dedication to this sale was second to none. I'm currently out of the country for my job but when I come back to Kings Bay and I'm looking for a home or land to purchase I will definitely seek out Mrs. Trey for I know she will not quit and that determination and dedication to her customers has left an impression on me forever. I highly recommend anyone looking for a home in southeast Ga to use Mrs. Trey she is defiantly an asset to the ERA team. Great Job! Very Satisfied Customer.
We have purchased a few homes over the years, and have not had much success in working with realtors until we met and worked with Ginny. Ginny has by far been the best realtor we have ever worked with. She kept us well informed of the status of the sale. She came through at closing when there was a glitch, thus allowing us to close on time. Ginny went above and beyond to make sure we made the purchase that was best for us. She told us about the new city we were moving to, such as the history things to do and see. Ginny made us feel welcome and excited about moving back to a smaller community. She is a keeper. Thank you to Ginny and your office for a great buying experience.
Ginny did a great job. She made sure we were aware of the status of the sale and was ready to jump in when there was a glitch at closing. Because of her actions we were able to close on time. Thanks so much. I would recommend her to friends and family.
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