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Commonly Asked Questions about Property Transfer to Trust

You lost an exemption, or its value was reduced. Houses like yours are selling for a higher price than houses like your neighborʼs. Your house is newer or had more recent renovations.
Loss of Asset Access Similarly to the above disadvantage, putting assets in a trust means you dont have immediate access to them. Even if you have a very open, revocable trust, taking assets from the trust to your personal bank account or elsewhere requires filing paperwork and extra time.
When property is placed in a revocable living trust, there is no change in ownership, and thus, no reassessment of the current values.
What Are the Advantages Disadvantages of Putting a House in a Trust? Protection Against Future Incapacity. It May Save Money on Estate Taxes. It Can Avoid Probate. Asset Protection. Trusts Can Cost More to Maintain. Your Other Assets Are Still Subject to Probate. Trusts Are Complex.
Change in Ownership such as a purchase. Friends or family transfers that are not to a childs primary residence. Completion of new construction including new buildings or additions. An addition to the home will only add the value of the new construction to the existing assessment.
This transfer doesnt usually lead to an immediate tax obligation, meaning no tax is levied for merely changing the ownership. However, the trust, which now owns the stock, may become liable for taxes on dividends and capital gains from the stock.
ACTION TO CONSIDER: In a purchase-sale transaction or in a trust distribution, transfer title to co-owners as tenants in common (TIC), and then transfer the property from TIC to Joint Tenants. Then, the co-owners become Original Transferors: If one of them dies, the property will not be reassessed.
The short answer to the question is: Yes, you can place your house in a Trust even if a bank holds a mortgage for it. However, you should be aware of a few wrinkles in how that works.