Education

5 Assets That SHOULD Never Go Into A Living Trust

by Clint Coons Esq. | Real Estate Asset Protection

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📚 Main topics

  • VehiclesVehicles usually transfer to beneficiaries without probate, so placing them in a living trust may be unnecessary. Retitling them can also expose the trust to vehicle-related lawsuits and create complications with insurance. 0:31
  • Annuities and retirement accountsIRAs, 401(k)s, and annuities should generally stay outside the living trust because changing their ownership could trigger taxes or affect their tax treatment. 3:09
  • Beneficiary designations for retirement accountsNaming the trust as beneficiary can help ensure that retirement assets are distributed according to the trust’s terms, rather than passing outright to young contingent beneficiaries. 3:41
  • Life insuranceLife insurance can pass to a named beneficiary without probate; the trust may be named as a contingent beneficiary. For substantial policies and potential estate-tax concerns, a separate irrevocable life insurance trust may be worth considering. 5:46

✨ Key takeaways

  • Use beneficiary designations carefullyReview beneficiaries on retirement accounts and life insurance to make sure they align with your estate plan, especially if you want assets managed for younger beneficiaries. 4:14
  • Consider the risks of titling vehicles in a trustKeeping vehicles in your own name may avoid drawing a trust into a vehicle-related lawsuit, though insurance and privacy considerations can affect the decision. 1:33
  • Fund the trust appropriatelyAssets that do not pass through probate may not need to be placed in the living trust, but other assets should be addressed so they do not end up in probate. 6:48

🧠 Lessons learned

  • Trust ownership is not right for every assetSome assets have their own transfer or beneficiary arrangements, and retitling them can create tax, liability, or administrative problems. 0:00
  • Plan for what happens if a primary beneficiary is unavailableContingent beneficiaries may receive assets outright, so make sure those designations reflect the protections and distribution ages in your estate plan. 4:44

🏁 Conclusion/next steps

  • Review your estate plan and designationsKeep the discussed assets outside the living trust when appropriate, coordinate beneficiary choices with the trust’s terms, and ensure other assets are properly funded into the trust. 7:19

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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