Creating A Trust Is Only Half The Battle, It Needs To Be Supplemented - Insurance News | InsuranceNewsNet

InsuranceNewsNet — Your Industry. One Source.™

Sign in
  • Subscribe
  • About
  • Advertise
  • Contact
Home Now reading Annuity News
Topics
    • Advisor News
    • Annuity Index
    • Annuity News
    • Companies
    • Earnings
    • Fiduciary
    • From the Field: Expert Insights
    • Health/Employee Benefits
    • Insurance & Financial Fraud
    • INN Magazine
    • Insiders Only
    • Life Insurance News
    • Newswires
    • Property and Casualty
    • Regulation News
    • Sponsored Articles
    • Washington Wire
    • Videos
    • ———
    • About
    • Advertise
    • Contact
    • Editorial Staff
    • Newsletters
  • Exclusives
  • NewsWires
  • Magazine
  • Newsletters
Sign in or register to be an INNsider.
  • AdvisorNews
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Exclusives
  • INN Magazine
  • Insurtech
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Video
  • Washington Wire
  • Life Insurance
  • Annuities
  • Advisor
  • Health/Benefits
  • Property & Casualty
  • Insurtech
  • About
  • Advertise
  • Contact
  • Editorial Staff

Get Social

  • Facebook
  • X
  • LinkedIn
Annuity News
Annuity News RSS Get our newsletter
Order Prints
January 17, 2021 Annuity News
Share
Share
Tweet
Email

Creating A Trust Is Only Half The Battle, It Needs To Be Supplemented

Reporter, The (Vacaville, CA)

Dear Readers,

You may already have a trust, but it's very important to understand that once you make a trust, the job is only half done. For your trust to work as advertised, it must be funded with your assets. Today's column is about doing just that. As a rule of thumb, everything goes into the trust, with a few exceptions.

First, keep your day-to-day checking account outside of the trust and add your successor trustee to the title of the account as a joint owner. If you are married, keep the account in both of your names and wait to add someone to the account when either of you starts slowing down. You know, when you no longer read your mail, pay your bills, and read this column.

If you do not like the idea of adding someone to your checking account, then maybe you need to reconsider whether or not that person should be named as successor trustee. If you can't trust someone now, don't you dare trust that person when your incapacitated or dead.

Second, don't bother transferring into the trust your automobiles and boats registered with the DMV, or modular homes registered with the Department of Housing. They do not count against the $166,250 limit that triggers a requirement for probate administration in California, so there is no real need to do this. These assets can be collected 40 days or more after your death using DMV Form REG-5 or a Small Estate Declaration under Probate Code section 13101.

Third, and perhaps most importantly, you cannot transfer to your trust retirement accounts such as IRA's, 401(k)'s, 457(b)'s and the like. These are tax-deferred or tax-exempt retirement accounts. Transferring one to a trust means cashing it in and paying all that income tax. In addition, you probably should not name your trust as a retirement account beneficiary unless your lawyer advises you to do so. Instead, name your children or other beneficiaries directly, unless you have a minor or disabled beneficiary who should not or cannot have direct access to the money upon your death.

Incidentally, life insurance and annuities can go either way. You can name the trust as beneficiary, or name beneficiaries directly. Sometimes it's good for them to pay into your trust, to give the trustee more liquid cash while consolidating and selling those of your assets that will be sold.

Other than that, everything should be in the trust. Your lawyer should prepare and record deeds conveying your California real properties into the trust. The rest is up to you. Most lawyers provide their clients with a fancy three-ring binder with the law firm's name emblazoned in big letters (We do this too). Use that binder as a tool. When you visit your bank or broker to fund your trust, take the trust binder with you. It should have everything you need, and financial institutions are well aware of how to title accounts in a trust, although they will abbreviate the name of the trust. It's OK. They know what they are doing.

If you do all of this, and fund your trust correctly, then when you pass your successor trustee will have an easier job to do, and it will save your family money.

Len Tillem and Rosie McNichol are elder law attorneys. Contact them at Tillem McNichol & Brown, 846 Broadway, Sonoma, CA 95476, by phone at (707) 996-4505, or on the internet at www.lentillem.com.

Older

U.S. Economy Begins 2021 With Little Inertia

Newer

True Health New Mexico Insurance Gets New Owners

Advisor News

  • Global economic growth will moderate as the labor force shrinks
  • Estate planning during the great wealth transfer
  • Main Street families need trusted financial guidance to navigate the new Trump Accounts
  • Are the holidays a good time to have a long-term care conversation?
  • Gen X unsure whether they can catch up with retirement saving
More Advisor News

Health/Employee Benefits News

  • Researchers at University of Greifswald Report New Data on Non-Small Cell Lung Cancer (Concept and feasibility of privacy-preserving record linkage of cancer registry data and claims data in Germany: results from the DigiNet study on stage IV …): Oncology – Non-Small Cell Lung Cancer
  • New Findings from Andrew J. Epstein et al Broadens Understanding of Chronic Kidney Disease (Clinical and economic burden of chronic kidney disease in Medicare Fee-for-Service beneficiaries with and without comorbid type 2 diabetes and heart …): Kidney Diseases and Conditions – Chronic Kidney Disease
  • KDP STATEMENT ON CONGRESSIONAL REPUBLICANS' REFUSAL TO PREVENT HEALTH INSURANCE PREMIUM SPIKE
  • BALDWIN SLAMS REPUBLICAN PRICE HIKES ON HEALTH CARE AS OPEN ENROLLMENT ENDS FOR ACA MARKETPLACE COVERAGE
  • BLACKBURN RELEASES FACT SHEET ON HOW REPUBLICANS' HEALTH PLAN WOULD MAKE HEALTH CARE MORE AFFORDABLE
Sponsor
More Health/Employee Benefits News

Life Insurance News

  • Report Summarizes Kinase Inhibitors Study Findings from Saga University Hospital (Simulation of Perioperative Ibrutinib Withdrawal Using a Population Pharmacokinetic Model and Sparse Clinical Concentration Data): Drugs and Therapies – Kinase Inhibitors
  • Flawed Social Security death data puts life insurance benefits at risk
  • EIOPA FLAGS FINANCIAL STABILITY RISKS RELATED TO PRIVATE CREDIT, A WEAKENING DOLLAR AND GLOBAL INTERCONNECTEDNESS
  • Envela partnership expands agent toolkit with health screenings
  • Legals for December, 12 2025
More Life Insurance News

Property and Casualty News

  • 74% of small businesses underinsured as cyber claims hit $264K
  • Live near a stream on Oahu? See changes to flood insurance maps
  • What to know about insurance if your house flooded
  • Judge rules BRIC program cut unlawfully
  • Which safety features actually lower your car insurance rate?
More Property and Casualty News

- Presented By -

Top Read Stories

More Top Read Stories >

NEWS INSIDE

  • Companies
  • Earnings
  • Economic News
  • INN Magazine
  • Insurtech News
  • Newswires Feed
  • Regulation News
  • Washington Wire
  • Videos

FEATURED OFFERS

Slow Me the Money
Slow down RMDs … and RMD taxes … with a QLAC. Click to learn how.

ICMG 2026: 3 Days to Transform Your Business
Speed Networking, deal-making, and insights that spark real growth — all in Miami.

Your trusted annuity partner.
Knighthead Life provides dependable annuities that help your clients retire with confidence.

Press Releases

  • National Life Group Announces Leadership Transition at Equity Services, Inc.
  • SandStone Insurance Partners Welcomes Industry Veteran, Rhonda Waskie, as Senior Account Executive
  • Springline Advisory Announces Partnership With Software And Consulting Firm Actuarial Resources Corporation
  • Insuraviews Closes New Funding Round Led by Idea Fund to Scale Market Intelligence Platform
  • ePIC University: Empowering Advisors to Integrate Estate Planning Into Their Practice With Confidence
More Press Releases > Add Your Press Release >

How to Write For InsuranceNewsNet

Find out how you can submit content for publishing on our website.
View Guidelines

Topics

  • Advisor News
  • Annuity Index
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • From the Field: Expert Insights
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Magazine
  • Insiders Only
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Washington Wire
  • Videos
  • ———
  • About
  • Advertise
  • Contact
  • Editorial Staff
  • Newsletters

Top Sections

  • AdvisorNews
  • Annuity News
  • Health/Employee Benefits News
  • InsuranceNewsNet Magazine
  • Life Insurance News
  • Property and Casualty News
  • Washington Wire

Our Company

  • About
  • Advertise
  • Contact
  • Meet our Editorial Staff
  • Magazine Subscription
  • Write for INN

Sign up for our FREE e-Newsletter!

Get breaking news, exclusive stories, and money- making insights straight into your inbox.

select Newsletter Options
Facebook Linkedin Twitter
© 2025 InsuranceNewsNet.com, Inc. All rights reserved.
  • Terms & Conditions
  • Privacy Policy
  • InsuranceNewsNet Magazine

Sign in with your Insider Pro Account

Not registered? Become an Insider Pro.
Insurance News | InsuranceNewsNet