Newland & Associates, PLC


Actions to be taken for Transferring
Assets to a Revocable Living Trust

 Type of Assets and What to do

Bank and Savings Accounts

See bank officer and have account titled: ["William W. Whitewater, Trustee of the William W. Whitewater Revocable Living Trust of January 4, 1999."]

Real Estate

Have new deeds prepared transferring property from present owners to: ["William W. Whitewater, Trustee of the William W. Whitewater Revocable Living Trust of January 4, 1999."]

Stock

Publicly traded:

Have present stock certificates changed by stock broker to the Trustee name as indicated above. (Note: There should be "no charge" for this pursuant to our understanding of the NYSE rules.)

Stock of closely-held corporations:

Stock certificates should be changed on the books of the corporation. This is normally done by the officers of the corporation or the attorney for the corporation.

Insurance Policies

Check with your insurance representative. Often, the best way to change the policy beneficiary is to designate the Successor Trustee(s) as follows: ["John W. Whitewater and Mary L. Whitewater, Successor Trustees of the "William W. Whitewater Revocable Living Trust of January 4, 1999."]

Partnership Interests

Partnership interests may be changed as follows: ["William W. Whitewater, Trustee of the William W. Whitewater Revocable Living Trust of January 4, 1999."]

Other Assets

If there is some "thing" or document which shows ownership, that "thing" or document can be changed to transfer the asset to the trust.

If there is a trust for each spouse, then assets transferred to the respective trusts should be titled accordingly as trusts holding interests as tenants in common.

Normally, it is to the benefit of the creator of the trust and the beneficiaries to have the assets transferred to the trust during the creator's life, because this normally reduces Federal and State taxes, probate expenses and ensures availability of the assets at the time of the death of the creator.



Copyright 1999
By the law firm of Newland & Associates, PLC
9835 Business Way
Manassas, VA 20110
Call us at (703) 330-0000 for a full range of business law and tax-related services.

While designed to be accurate, this publication is not intended to constitute the rendering of legal, accounting, or other professional services or to serve as a substitute for such services.

This document is provided solely for purpose of illustrating the topics discussed in the accompanying "Plain English Explanation of Revocable Trusts and Pour-over Wills." It is not designed or intended for use as a drafting form or model document. Any such use, without the assistance of a practicing attorney, is expressly prohibited.

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