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How To Fund Your Living Trust: A Checklist


Two of the main reasons to create a living trust are 1) to administer assets during life in the event of disability, and 2) to avoid probate. To accomplish these objectives, the trust must own the assets. It is essential to fund the living trust by transferring all assets to the trust.

Yet, attaching a schedule of your assets to your trust agreement does not by itself make the trust the owner of the assets. Also, a general assignment or bill of sale to the trust of Everything I Own may not be effective for all your assets, especially if a challenge to ownership or authority is raised.

Generally, when assets are retitles in the name of a living trust, the name should read: (Name of Trustee), as trustee of the (Name of Trust) u/a/d (Month, Day, Year).

The federal tax number to be used is your (the grantor’s) Social Security number if you are

trustee or cotrustee. A separate federal income tax return will not be necessary. All items of income, gain and loss attributable to the trust are picked up directly on the your personal income tax return.

When transferring assets to a living trust, banks or brokerage firms will often ask to see a copy of the trust agreement. The dispositive provisions of you living trust are private, and privacy is one reason for using a living trust. The bank or brokerage firm should only require a certification of trustee powers indicating the name of the grantor, the name of the trustee and successors, and a copy of the powers which permit the trustee to establish the particular account. The following checklist is designed to explain the transfer process and assist in administering the trust. We would be happy to assist in any way we can.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          
  Asset Action
To be Taken
Date
Completed
1. Stock certificates, registered bonds and other securitiesRe-register securities to name of trust. Contact stock transfer agent directly or use brokerage firm. Surrender certificates and sign an assignment or stock power. _________
2.Brokerage firm investment accountsTransfer and assign title and interest in the account and assets held in the account to name of trust. Send a letter of direction to firm. _________
3.Registered federal securities (U.S Treasury Notes and Bonds)Transfer and assign to name of trust. Contact Federal Reserve Bank for forms and procedures._________
4.Federal obligations (bills, notes, etc.) held in treasury account.Complete Form PD5178. Contact Federal Reserve Bank for forms and procedures. _________
5.Series E, EE, H BondsComplete Form PD1851. Contact Federal Reserve Bank for forms and procedures. _________
6.Bearer securitiesPrepare, sign and attach general assignment to name of trust of all securities and attach to the securities. _________
7.Checking accountsTransfer existing accounts to name of trust. Send letter of direction to bank. It’s possible to keep an account in individual name if balances are modest._________
8.Savings and money market accounts.Transfer existing accounts to name of trust. Send letter of direction to bank._________
9.Certificates of depositTransfer to name of trust. Send letter of direction to bank. Make sure the transfer does not trigger maturity or penalty. Bank may require waiting until maturity to effect the transfer. _________
10. Real estatea) Prepare and record deed transferring property to trust name.  Consider whether quick claim or warranty deed required.
_________
    b) Check mortgage documents and ensure no acceleration of mortgage due to transfer.
_________
    c) Check title insurance policy to ensure coverage still exists. Obtain new policy or policy rider where necessary.
_________
    d) Check property and casualty insurance policies to ensure that coverage still exists. Obtain new policy or policy rider where necessary.
_________
    e) Notify lessees to pay rent to trust.
_________
    f) If dealing with corporate trustee and out-of-state real estate, you may need appointment of local trustee to handle conveyance of real estate.
_________
11. Partnership interests a) Review each partnership agreement to determine ability of and requirements for transfer.  Determine who must consent to transfer._________
    b) Prepare assignments, consents; obtain requisite signatures. _________
    c) Determine if amendment to assumed name or fictitious name certificates or limited partnership certificates are required._________
    d) Consider holding individually where little or no value and transfer is difficult due to extensive requirements._________
12.ProprietorshipsDetermine if trust can own the proprietorship. If not, consider forming a partnership with spouse as 1% or greater partner and transferring partnership interest to the trust._________
13.Tangible personal property a) Titled (e.g., vehicles)(i) Obtain necessary document to assign interest to name of trust. For example, contact Secretary of State to obtain proper form to assign automobiles to trust._________
    (ii) Verify insurance coverage. _________
  b) Untitled (i) Prepare general assignment of tangible personal property.
_________
    (ii) Consider attaching ownership notation to back of works of art.
_________
    (iii) Verify insurance coverage.
_________
14.Life insuranceIf payable to named beneficiary, will not require probate, thus no change of beneficiary may be necessary. If payable to estate, name trust as beneficiary. Obtain forms from agent. Review life insurance separately._________
15. Retirement plan accounts If payable to named beneficiary, will not require probate, thus no change of beneficiary may be necessary. Payment on retirement plan accounts requires special consideration and should be reviewed separately._________
16.Deferred compensation Payment of deferred compensation requires special consideration and should be reviewed separately._________


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