QUESTION

If the title of real estate is in the husband's trust with the wife as the beneficiary, does the title have to change to the wife's trust?

Asked on Jul 21st, 2012 on Estate Planning - Florida
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2 ANSWERS

Business Transactions Attorney serving Chicago, IL at Griffith & Jacobson, LLC
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Generally, speaking, there should be no need to re-title the real estate. Holding the real estate in trust avoids the need to open a probate estate to transfer the real estate upon the husband's death. Also, holding the property in trust is generally done to utilize the husband's estate tax exemption (and minimize and possibly eliminate any federal estate taxes that may be due on death). So, assuming the terms of the husband's trust meet the needs and goals of the wife, title does not have to change to the wife's trust. As the beneficiary of the husband's trust, the wife should have the benefit and use of the real estate. Once the husband has died, the wife may want to hold title in her name (or in through her trust). However, it is unclear from your question as to what type of trust holds the real estate and why the title was not equally divided between the husband and wife. So, you should have an estate planning lawyer review the terms of the husband's trust with you to make sure it meets your needs and estate planning goals. This answer is for informational purposes only and is not intended to be legal advice nor does it establish an attorney-client relationship. Please consult a local estate planning lawyer to obtain legal advice that is tailored to your circumstances and facts. I am happy to discuss this with you in greater detail.
Answered on Aug 13th, 2012 at 6:39 PM

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Probate & Trust Attorney serving Fort Lauderdale, FL at Robert J. Slotkin
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No, but that is the better course. One of the advantages of trusts is probate avoidance. Placing the title in the wife's name necessitates a probate when she passes.
Answered on Aug 13th, 2012 at 5:38 PM

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