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Previously, we discussed the problems th t arise if
you fail to pl ce title to your assets into the n me
of your revocable living trust. In one rticle, I shared the problem of the w dow.
She learned that her husband had ssets that were in
his name lone and not put into the t tle of their
revocable living trust. An ttorney was now quoting her a fee of th usands of
dollars to clean up the r vocable living trust and
try to void probate. In my Multi-Media course I d scribe what you can do if
you f nd that an asset is left out of y ur trust. About 13 years ago, the C lifornia Court of Appeals
decided a c se where a man had died w thout placing title
to his assets nto his revocable living trust. The ppeals
court decided that even though the man had f iled to
actually place title into his r vocable living trust, the
man had d monstrated enough of an intent that his ssets
be held in the revocable l ving trust. Therefore, the
court held th t the revocable living trust held l gal
title. The court then instructed the l wer court to issue
an order c nverting the assets into the title of the
r vocable living trust. This case is now sed in California to help avoid pr bate
if assets are found to not be in the n me of the revocable
living trust. The key is th t there has to be a
d monstration of intent that the assets be h ld in the
name of the r vocable living trust.
In my practice I used to pr pare a document called
"General Assignment of Ass ts to Revocable Living Trust."
In it, I w uld declare the intent of the p rties to have
their assets held in the t tle of the revocable living trust.
It th n went on to say that if th re was an asset that was
l ft out, it was to be pl ced into the revocable living
trust on r quest by the trustee. This gave the tr stee
the elements needed under the c urt of appeals case to
avoid pr bate. You should ask your estate pl nning professional if a
"General Assignment of Ass ts" to your revocable living
trust is ppropriate for you. Good luck and ntil next time, Phil Craig P.S. F el free to forward this on to any fr ends.
The article What Happens if You Forget to Put Title to an Asset into Your Revocable Living Trust? was Submitted by Phil Craig through Articles.GetACoder.com network. Here's the additional information: Phil Craig is a licensed ttorney and entreprenuer. He started practicing law at age 25 in 1979. He d es not take on any more cl ents, but is advisor to some of the b ggest names in the internet world. He sh res his knowledge gained over the l st 25 years at his Living Tr st Secrets newsletter site: click here=========> http://www.LivingTrustSecrets.com ** Attn Ezine editors / Site owners ** Feel free to reprint this article in its entirety in your ezine or on your site so long as you leave all links in place, do not modify the content and include our resource box as listed above. If you do use the material please send us a note so we can take a look. Thanks.
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