Can property in another state be placed in my trust?

Real estate in another state may be transferred to a trust. But the deed and recording rules of the property's state control. Proper trust ownership may reduce the need for a separate probate case there. But it is not automatic.

General information

• Each deed must use the correct legal description and state form.
• Other issues to check include transfer taxes, exemptions, insurance, and lender rules.
• Foreign-country property raises separate legal issues.

Service steps to consider

1. A licensed attorney or title expert in the property's state can advise about the transfer.
2. Recording the deed in the correct county.
3. Confirming tax and insurance records after recording.

Quick check

• Is the asset in the trust's name?
• Did the bank or county record the change?
• Did I save proof?

How Complete Wills can help

Complete Wills' trust-based package includes a revocable living trust, schedule of assets, certification of trust, pour-over will, power of attorney, health-care directive, and HIPAA authorization. The service can prepare documents from customer answers. But the customer remains responsible for signing and for properly funding the trust. Customer support can explain website features and questionnaire fields, but it cannot choose documents, people, distributions, or legal terms, interpret a completed document, or explain how the law applies to a person's facts. Only a separately engaged licensed attorney may provide legal advice within the attorney's engagement.

Important limits

• A trust controls only property legally connected to it. A schedule alone may not change title.
• Get legal, tax, or financial advice before transferring retirement accounts, business interests, mortgaged property, foreign property, or assets with transfer restrictions. This article gives general information only. A licensed attorney can explain how state law applies to a specific estate plan or document.