Key takeaways
- Signing the trust was the easy day; a trust only controls what has actually been retitled into it.
- Retitling runs asset by asset, with a genuinely different checklist for each type.
- Custodied and retirement assets follow different rules again — a retirement account is not simply moved into a trust.
Estate plans fail quietly, and the most common failure is the unfunded trust: a beautifully drafted document that owns nothing because nobody retitled the assets. Brokerage accounts move with a form. Alternative assets move like what they are — real property, contract interests, and closely held stakes, each with its own gatekeepers.
Asset by asset
Real estate moves by deed to the trustee — prepared and recorded properly, with two collateral checks: the title insurance policy (confirm coverage survives the transfer) and any lender (mortgaged property can raise due-on-sale questions; residential transfers to one’s own revocable trust are commonly protected, but confirm, in writing, first). Fund and LLC interests move by assignment under the operating or partnership agreement — which usually means manager consent, an amended member registry, and patience. Promissory notes move by assignment or endorsement, with the borrower notified where servicing changes. In every case the income and paperwork must follow: distributions, K-1s, and statements re-addressed to the trust’s identity, not yesterday’s.
Custodied and retirement assets are different
Assets inside an IRA do not retitle into a living trust — retirement accounts pass by beneficiary designation, and the trust’s role there, if any, is as a designated beneficiary. For non-retirement custody accounts, the account itself re-registers to the trust — coordinate the vesting language with us before assets move, exactly as with any titling event.
The funding audit
Once a year, list what the plan assumes the trust holds and check it against what the trust actually holds: deeds recorded, assignments consented, registries amended, income arriving under the right name. New investments are the recurring leak — the discipline is titling them correctly at acquisition rather than planning a future roundup. An hour of audit annually is the difference between an estate plan and an estate intention.
Educational only. This page is general information, not individualized investment, legal, or tax advice. Rules depend on your account type, transaction, tax year, and circumstances — consult a qualified professional.