Trust Funding: Transferring the Deeds, Retitling the Accounts, and Finishing the Job

This session covers the full mechanics of transferring real property into a revocable trust — from deed selection and vesting language through recording, transfer tax exemptions, and the downstream consequences the transfer triggers. Attorneys will learn how to avoid common drafting errors that generate malpractice exposure, navigate the Garn-St. Germain due-on-sale framework for mortgaged properties, and protect clients’ homestead exemptions, property tax benefits, and title insurance coverage. Attendees leave with a practical checklist for completing a real property trust transfer correctly across multiple risk categories.

This session covers the non-real-property side of trust funding: retitling bank and brokerage accounts, coordinating retirement account beneficiary designations under the post-SECURE Act and 2024 IRS final regulations, transferring LLC and business interests into the trust, and handling digital assets and cryptocurrency. Attorneys will learn the institution-specific workflows, the common failure points that leave trusts unfunded, and how to build a durable funding system that prevents post-execution drift. Attendees will leave with procedural knowledge to guide clients through each asset category and avoid the malpractice exposure that flows from incomplete funding.