QUESTION

What is the best way of transferring a real property in a living trust to your name?

Asked on Feb 24th, 2014 on Estate Planning - Oregon
More details to this question:
My mother owns a property (home and acreage) in Oregon, which she resides in. It is in her living trust. She wants to transfer it to her daughter (me). What is the best way to ensure it will be in my name?
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3 ANSWERS

She creates, executes and delivers a deed. This is a very substantial step, involving a gift of value equal to the value of the real property. This may completely skew your mother's estate plan, and may disqualify her from assistance from the state's Medicaid program. She should only do this as part of a general revision of her estate plan. It is usually not a good idea to transfer your home during your lifetime. There are huge tax benefits extended to homeowners, which will be lost.
Answered on Feb 27th, 2014 at 7:50 AM

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Family Law Attorney serving Redmond, OR at Oliver & Duncan
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The answer depends upon whether your mother is the current trustee of her living trust. When we draft a living trust for someone who owns the property going into the trust, the person who owns the property deeds it from herself as an individual to herself as the trustee of the living trust. While she would be both the trustor and the initial trustee, the trust document should designate a successor trustee to take over when the original trustee either can no longer continue to function as the trustee or simply wants the successor trustee to take over the task. If your Mom is the original trustor and the current trustee, and if she is competent to act on her own behalf, she can deed the property to you. In the deed, she would be named as the trustor and current trustee of her trust and you would be the grantee named in the Deed. She could also deed the property to you as the trustee of your living trust, but you would have to have your living trust created beforehand in order to make that happen.
Answered on Feb 27th, 2014 at 7:50 AM

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Business Law Attorney serving Portland, OR
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She can: 1. Deed it to you now. That is the most sure; but you lose the step up in basis for tax purposes. 2. Make the trust irrevocable. This counts as a current gift now and also loses the step up in basis. 3. Amend the trust to limit her ability to change it without making it a current gift. 4. Keep it in the trust and not change it.
Answered on Feb 26th, 2014 at 6:49 PM

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