Common Questions

(1) Completing a Living Trust & Pricing

(2) Titling Assets in Your Trust

(3) Changes In Marital Status

(4) Amendments, Reviews, & Changes

(5) Why & When To Review & Update A Trust

(6) Why You May No Longer Need or Want An AB or ABC Trust

(7) Important Issues When Someone Dies or is Dying

(8) Real Estate Issues

(9) Medical Directives

(10) Granting / Obtaining Signature Power

(11) Trust Copies & Originals

(12) Incapacity Issues

(13) Confidentiality Issues & Policies

Titling Assets In Your Trust : Money Owed To You

1. Always Make Sure it is In Writing
   When money is loaned, it is customary and smart to draw up a note – which amounts to a written promise to pay according to the terms set forth. You or your heirs have no legal protection if it is not put in writing. Always document any loan or be ready to say goodbye to your money. Or maybe if the loan was to one of your heirs, if it is not put in writing they will unjustifiably receive a larger portion of your estate than they should have. Even if the person you loan the money to is completely honest, if something happens to that person, no one can substantiate your claim. Also, those left behind may not be so honorable. Undocumented loans should be put in writing with payment rights to your trust. Future loans should be handled the same. Present documented loans should either be assigned to your trust or a new note drawn naming the trust (preferred).
2. Deeds of Trust Owed To You
   It is important to note that this discussion pertains to deeds of trust which are owed to you (you receive the payments), not about deeds of trust you owe on (you make the payments.) You do not need to worry about transferring debts you owe to your trust. Also note that deeds of trust are not a real property interest – they are note receivable secured by real property.
3. Assign Deeds of Trust to Your Trust
   Whether you provided financing directly and received a note secured by a deed of trust in return, or purchased deeds of trust as an investment, what you need to do is the same. That is, you must properly complete an “Assignment Deed of Trust Form” which has the effect of transferring the interest to your trust. If you purchased the deed of trust from a dealer they should be happy to help you with this as a courtesy or for a nominal fee. (Please emphasize that only the Assignment needs to be done – formal title searches and recording are unnecessary at this time.) For a reasonable charge we can draw this up if you provide us a copy of the deed of trust.