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How Do I Fund a Trust in Georgia?

Posted by Joel Beck | Oct 17, 2023 | 0 Comments

Creating a trust is a critical step in securing your assets and ensuring they are distributed according to your wishes upon your passing. While establishing a trust is an important decision, properly funding it is equally crucial. Without proper funding, the trust remains merely a structure without any substance.

Understanding Trust Funding Basics

Trust funding is the process of transferring ownership of assets into the trust. In essence, the assets you want to be governed by the trust's terms must be titled in the name of the trust. Think of the trust as a suitcase, and the funding process involves placing items or assets inside that suitcase.  Just like when you travel, you only take the items in your suitcase with you, then with respect to the trust, only the assets that have been funded into the trust will be inside it and therefore will benefit from the protective and distribution provisions of the trust. Different assets have unique requirements for transfer:

  1. Real Estate: When transferring real estate, the property title must be changed to reflect the trustee of the trust, as the new owner. This typically involves drafting and recording a new deed. Factors such as the nature of property ownership (e.g., joint ownership), any existing mortgages, and the specifics of the trust (revocable vs. irrevocable) might influence the transfer process. Transferring property to a trust may have tax implications, especially if the property has appreciated in value. We don't recommend trying to fund real estate into the trust as a do-it-yourself project.  Get a skilled lawyer involved as there is a lot at stake with this one. You'll also want to check with your insurance agent to name the trust as an additional insured of your homeowner's insurance policy as well.  
  2. Financial Accounts: Think checking and savings accounts here, for example. To transfer a bank account into a trust, the financial institution usually requires a copy of the trust agreement or a certification of trust. The bank will then re-title the account in the name of the trustee, as trustee of the trust. For stock portfolios, brokerage accounts and individual stocks can be transferred by changing the title of the account or by reissuing stock certificates in the trustee's name, or in the name of the trust, and the process for CDs might be a bit more intricate since prematurely changing the title can trigger penalties. One might wait until the CD matures or consult with the bank on the best approach.
  3. Business Interests: The intricacies of funding a trust can be particularly nuanced. If you own shares in a corporation, the process to transfer them to a trust often involves endorsing the stock certificates to the trust and then notifying the corporation about this change. On the other hand, if your assets involve interests in partnerships or LLCs, the procedure becomes a bit more complex. Beyond the technicalities of the transfer, there's also the vital aspect of continuity and control. Transferring business interests can have implications on the management and control of the business. It's crucial to have a trust document that precisely and comprehensively addresses these concerns, especially if your business is one that demands hands-on management. This is also not a do-it-yourself project here with respect to changing ownership in a small business; we recommend getting your estate planning lawyer involved here as well.

Steps to Fund a Trust in Georgia

  1. Re-title Assets: Begin by changing the title of the assets to the trust's name, or as appropriate, the trustee's name, as trustee of the trust.
  2. Assigning Financial Accounts: For bank accounts and investment portfolios, contact your bank or investment firm and follow their specific procedures to re-title these accounts in the name of the trust (or the name of the trustee, as trustee). Often, they will provide forms or a guide to facilitate this process.
  3. Update Beneficiary Designations: While not a direct transfer, for assets like life insurance or retirement accounts, you might consider naming the trust as a payable-on-death beneficiary. This ensures that upon your passing, these assets flow into the trust, aligning with your broader estate plan.

Note that not all assets should be transferred to a trust. It's vital to work with a trusted estate planning lawyer to ensure you're making decisions that best suit your individual needs and goals.

The Importance of Properly Funding Your Trust

Without adequately funding your trust, it fails to serve its purpose. Imagine having a well-crafted trust document, but upon your passing, your loved ones find out that most assets aren't titled in the trust's name. This can lead to complications, unwanted tax consequences, and even probate proceedings for certain assets—precisely what many wish to avoid by establishing a trust. Consistently reviewing your trust, especially after significant life events or acquisitions of new assets, ensures everything aligns with your current wishes and that all desired assets are correctly placed within the trust.

Work with Peach State Wills & Trusts for Comprehensive Trust Funding Guidance

Ensuring that your trust is appropriately funded is paramount to realizing its benefits. At Peach State Wills & Trusts, we provide expert guidance to ensure your trust is structured and funded to meet your objectives. Contact Peach State Wills & Trusts at 678-344-5342 to learn how to plan for comprehensive estate management in Georgia today. 

If you have any questions about estate planning in Georgia, you can download our free guide here, no strings attached.

About the Author

Joel Beck

Joel Beck founded The Beck Law Firm, LLC in 2007. His firm focused on business law and estate planning needs of clients, two areas that he was drawn to based upon personal and business experiences in his life, including a ten-year career at NASD (now known as FINRA).


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