Trust Sales is another specialty that our office covers. What is a trust sale? A trust sale is the sale of a property that is held in a trust. Before addressing trust sales, it is important to understand what a trust is.
Definition: Trusts
As defined by Fidelity:
“A trust is a fiduciary arrangement that allows a third party, or trustee, to hold assets on behalf of a beneficiary or beneficiaries.”
Real estate is an asset that can be held in a trust. A trust sale is a real estate transaction in which the property being sold is held inside a trust.
The 2 types of trusts are Revocable and Irrevocable.
In layman’s terms, a revocable trust is more flexible and can be altered. An irrevocable trust is more rigid and cannot be changed. A revocable trust may let you “change your mind”, but an irrevocable trust is a more “forever” set up.
What about Living Trusts?
A living trust is just another name for a Revocable Trust. Living Trust, Revocable Living Trust, and Revocable Trust all describe the same type of trust.
The best way to remember that a Living Trust is a Revocable Trust is that it is Living because it can be modified or changed.
Many homeowners in California choose to hold title for their property (even their primary residence) in a living trust. We always advise homeowners to speak with their tax specialist and estate planner before many decisions on how to transfer title or start a trust. Trust and estate planning attorneys can help you figure out the best way to manage your estate.
Choosing Realtors with Experience in Trust Sales
Why is it important to choose a Realtor with experience in Trust Sales? Every real estate transaction is full of contracts and disclosures that are specific to that property. Trust Sales require certain disclosures and advisories that are different from a Standard Sale.
Our brokerage KALEO Real Estate Company has helped countless clients with Trust Sales. Sometimes it is a property that was inherited and never lived in. Sometimes it is a property that is held in a trust, but the seller has lived in the property. Both are separate situations.
Next Steps with Trust Sales
If you are the owner of a property with a living trust, then reach out to us and know that you are in good hands. When you sell a property in California, sellers have disclosure requirements that vary.
If you recently had someone pass away and you are a Successor Trustee or responsible for signing documents for the sale, then please reach out to us. We regularly work with clients who are in charge of selling a property. Even if you are not planning to sell your property anytime soon, it is important to make sure you keep a copy of your trust in a safe place. When you sell a property that is held in a trust, you will need to provide a copy of the trust document during escrow. Although some attorneys may keep a copy of their client trusts, you want to make sure you have it readily available when you need it.
Call our office office at (626)609-2130 or fill out this form to find out what the property is worth.
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