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5 Assets That SHOULD Never Go Into A Living Trust

by Clint Coons Esq. | Real Estate Asset Protection

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📚 Main Topics

  1. Introduction to Living Trusts

    • Common misconceptions about funding living trusts.
    • Importance of understanding which assets to exclude.
  2. Assets to Exclude from Living Trusts

    • Vehicles
      • Easy transfer upon death without needing a trust.
      • Potential liability issues if vehicles are titled in the trust.
      • Complications with insurance when vehicles are in a trust name.
    • Annuities, 401(k)s, and IRAs
      • These are trust agreements themselves and should not be placed in a living trust.
      • Changing ownership can trigger tax consequences.
      • Instead, list the trust as a beneficiary to ensure proper distribution.
    • Life Insurance
      • Can bypass probate by naming beneficiaries directly.
      • Consider naming the trust as a contingent beneficiary.
      • For high-value policies, consider an irrevocable life insurance trust to avoid estate tax issues.
  3. General Advice

    • Ensure proper beneficiary designations to align with estate planning goals.
    • Importance of fully funding the living trust to avoid probate.

✨ Key Takeaways

  • Not all assets should be placed in a living trust; some can be transferred easily without it.
  • Vehicles can expose the trust to liability and complicate insurance matters.
  • Annuities and retirement accounts should remain outside the trust to avoid tax implications.
  • Life insurance should be managed carefully to ensure it aligns with your estate plan.

🧠 Lessons

  • Understand the implications of placing certain assets in a living trust.
  • Always consider the potential tax ramifications and liability issues.
  • Proper beneficiary designations are crucial for effective estate planning.
  • Consult with a professional for tailored advice on estate planning and asset management.

Transcript excerpt

0:00 - Hey, there's a lot of videos out there talking about funding your living trust and I have a few myself, but no one talks about what types of assets you should not put into your living trust. Well, in this video, I'm going to break that down for you. All right, let's get started. All right, so as I stated, when it comes to funding the living trust, we have this preconceived notion that we have to put all of our assets into our trust so they can bypass probate. However, there are some specific assets you definitely do not want to try to place into your living trust because it can cause negative tax ramifications, or worse yet, it could bring liability to you.

0:31 So what is the first asset that you should not be placing into your living trust? Well, that is vehicles. And I mean things like cars, boats, equipment, mules, I dunno, I'm joking there. But the fact of the matter is is that anything that's a title asset that is a vehicle, there's no point in putting it into a living trust because when you pass away, it's very simple to transfer those assets to a beneficiary. Meaning that all you need typically is a copy of a death certificate in order to transfer that item to another individual.

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