How to Place My Property into a Trust?
- Posted on July 28, 2025
- In
Planning to safeguard your legacy and simplify estate matters? Keep reading to learn how to place property into a trust with Rochford Law & Real Estate Title, your trusted Nashville estate planning attorney.
What is a Trust?
A trust is a legal arrangement where you (the grantor) transfer property to a trustee, who holds it for your chosen beneficiaries. Trusts can be revocable (you retain control) or irrevocable (control is relinquished).
Choose the Right Type of Trust
- Revocable Living Trust: Offers flexibility, can be amended during your lifetime, and helps avoid probate.
- Testamentary Trust: Created through a will and funded after death, usually for minor beneficiaries.
- Irrevocable or Dynasty Trust: Durable structures for creditor protection and multigenerational planning.
Unsure which suits your goals? A Nashville estate planning attorney can guide you.
Funding the Trust with a Nashville Estate Planning Attorney
Once you've executed the trust document, you must transfer ownership of your property into it. This includes:
- Signing a new deed transferring your real estate to the trust.
- Re-titling financial accounts and tangible property.
- Ensuring assets are properly described and titled.
Failing to “fund” the trust could mean those assets end up in probate anyway.
Benefits of Using a Nashville Estate Planning Attorney
Working with a local expert offers many advantages:
- Legal compliance: Tennessee estate laws can be complex, but experts can keep your documents valid.
- Customized planning: Tailored trust strategies for taxes, incapacity planning, and probate avoidance.
- Wrongful titling protection: Prevent issues like titling errors that trigger probate.
Secure your peace of mind, and consult a Nashville estate planning attorney today.
Avoiding Probate and Protecting Beneficiaries
A properly funded trust ensures your property passes quietly to beneficiaries without court delays or public proceedings. Trustees manage the estate without probate’s interference.
Common Pitfalls & How to Avoid Them
- DIY traps: DIY trust kits often fail due to changing laws or improper funding.
- Untitled property: Real estate or accounts left outside the trust still go through probate.
- Lack of updates: Life changes (marriage, kids, new assets) need trust updates.
Avoid costly mistakes, and consult a Nashville estate planning attorney to review your setup.
How Trusts Work After Death
After your passing, the trustee must:
- Validate the trust and secure assets.
- Notify beneficiaries and creditors.
- Pay debts and taxes.
Transfer assets per trust instructions and bypass probate!
Why Funding Is Just as Important as Drafting
Even the best-crafted trust means little if it’s unfunded. Real property must be re-deeded, accounts re-titled. Assets omitted are subject to probate, rendering your trust ineffective.
Ensure proper funding, and schedule a consultation with a Nashville estate planning attorney.
Rochford Law: Your Nashville Estate Planning Attorney
Rochford Law & Real Estate Title offers comprehensive estate planning and trust services in Tennessee, including drafting, trust litigation, probate support, and real estate closings. Since 1997, we have served Nashville with personalized attention and legal expertise.
When it comes to securing your property and your family’s future, working with a Nashville estate planning attorney ensures your trust is properly created, funded, and maintained.
Contact us at Rochford Law & Real Estate Title to protect your assets and ensure a smooth transition!
