Understanding Who Owns Property in a Trust and How Trust Ownership Works

Only 33% of US adults have created estate planning documents, according to Caring.com. Two-thirds leave their families unprepared for life’s uncertainties. 

Who owns the property in a trust? An estate planning law firm in Las Vegas says that the trustee is officially responsible for the assets in a trust once established. While the person who established the trust may retain ownership of a living trust, it’s the trustee who now controls all assets. Full ownership is transferred once the assets can be transferred to beneficiaries. 

In this article, we will determine what your next step will be once you understand who owns property in a trust and how trust ownership works. 

Definition of Trust Ownership 

Trust ownership is a legal arrangement where an individual holds or manages assets on behalf of a beneficiary. The individual is known as a trustee. The person or group of people who receive the property is known as the beneficiary. The arrangement allows for the division of ownership and control. The trustee manages the assets, and the beneficiary reaps the benefits.

Flagstaff trust attorney Jacqueline P. Fisk-Glazer says that trust ownership can usually have real estate, investments, personal property, and other types of assets included as part of the trust. It primarily focuses on what you’re looking to achieve, like estate planning, potential tax savings, asset protection from possible creditor action, and providing for that time after you’ve died. Your preferences dictate the implementation of all assets through a trust ownership structure. 

In trust ownership, a trustee is in a fiduciary position to act on the trust assets to benefit the beneficiaries wisely.

Key Parties Involved

In will trusts, trust ownership consists of multiple significant people who work together to efficiently manage and distribute assets.

The primary person in the arrangement is the grantor or testator, commonly known as the trustor. This is the person who sets up the trust and transfers his or her assets into it. Their intention and instructions guide the execution of the trust.

A trustor can either be the trustee or nominate someone else, such as a family member or a professional. The trustee then administers the assets of the trust according to the wishes of the grantor in compliance with legal and fiduciary standards.

The trustee will name the beneficiaries or entities who would be receiving the trust’s benefits. The trust will specify the terms and conditions for receiving benefits. 

It is advisable to involve advisors, such as attorneys and accountants, to assist in the various stages of trust administration. 

How Trusts Hold Property

By creating a trust, you transfer ownership of the assets to the trust itself. The grantor will identify what is put into the trust and how it is managed. The trustee stands accountable for the trust itself, the assets, and all activities involved. It is important to select a strong and capable trustee who is skilled and dependable in managing all activities related to investments and beneficiaries.

Trusts protect assets after death and guarantee that they are passed on as requested by the trustor.

Rights of Beneficiaries

All associated parties must clearly understand the terms and conditions of a trust instrument. Beneficiaries have the right to receive distributions set forth in the trust instrument. The trustee can be held accountable in case the trustee does not implement a distribution in the trust. 

Trust beneficiaries have the right to enforce legal action against a trustee if there is a breach of duty. An accounting of trust activities will determine whether the property is managed and divided as intended by the trustor.

Managing and Distributing Assets

Asset management is the process of making decisions about an asset and caring for the asset in the trustee’s care in a way that benefits the beneficiaries. 

The distribution of assets should be within the terms stipulated effectively in the trust document. The trustee should specify when and what will happen during distributions, whether they are lump sums, installments, or specific asset transfers. 

Consult with a tax lawyer to understand potential liabilities regarding tax consequences that are associated with the asset distribution. 

Knowing and understanding the common challenges associated with trust ownership will allow you to carry out estate planning more efficiently.