QUESTION

Can I transfer the property I received as a beneficiary of a trust directly to my own trust in California?

Asked on Sep 20th, 2012 on Estate Planning - California
More details to this question:
I inherited the property as an individual. I'm not sure whether it can go directly to my trust in the grant deed process or whether it has to go to me as an individual.
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5 ANSWERS

General Practice Attorney serving Glendale, CA at Law Office of Michael Stafford
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Generally it will go to you first and then you can transfer it to your trust. Some trustees will transfer it to your trust directly.
Answered on Sep 24th, 2012 at 7:50 PM

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Taxation Law Attorney serving Glendale, CA at Irsfeld, Irsfeld & Younger LLP
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Probably you can assign your interest in the trust into your own trust.
Answered on Sep 24th, 2012 at 7:42 PM

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Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
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Yes, you can take the property directly into your own trust. If you inherited the property already, or about to, be sure you obtain an appraisal at the actual time of inheritance prior to transfer into trust so you will know what the basis is going into the trust and can file the notice of no change in value at the time of transfer into your trust. You can also take title at the time of inheritance from the estate by grant deed and then transfer into the trust. I would suggest you consult a CPA/Tax lawyer re the tax consequence of receipt either way.
Answered on Sep 24th, 2012 at 6:51 PM

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Neal Michael Rimer
The property should go to the named beneficiary, you. There may be exemptions from a reassessment as a result of the transfer or the property will be appraised at fair market value for tax purposes. After that transaction, you can transfer the property into your trust, which is an exempt transfer. It is best to do transfers one step at a time.
Answered on Sep 24th, 2012 at 6:41 PM

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It's best to do by deed to you and then separate deed to your trust. That way you can file your parent-child exclusion (if there is one). Just a cleaner chain of title in my opinion.
Answered on Sep 24th, 2012 at 6:24 PM

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