Trust Funding

Estate Planning, Trusts, Estates, Probate, and Elder Law Attorney

Monty L. Donohew


Trust funding is the process of transferring your assets to your trust.  You must legally  change the titled ownership  of your assets from your individual name (or joint names, if married) to you as the trustee of your trust. You will also change most beneficiary designations to your trustee.

If you have signed your living trust document but have not changed titles and beneficiary designations, you will not avoid probate. It is not sufficient to attach a list of assets to your trust or refer to your assets in your trust.  You may have a great trust, but until you fund it (transfer your assets), it doesn’t control anything; your living trust can only control the assets you put into it. If your goal in having a living trust is to avoid probate at death and court intervention at incapacity, then you must fund it now, while you are able to do so.

You must also fund it properly. The following pages will walk you through the steps necessary to fund your trust. If you have questions or need specific direction, consult your attorney, or call our office.

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