Question
How do I set up a real estate trust?
— Caring.com community member
Answer
Expert Barbara Repa, a Caring.com senior editor, is an attorney, a journalist specializing in aging issues, and the author of WillMaker, software enabling consumers to write their own wills, health care directives, powers of attorney, and final arrangements.
First, let's be clear as possible about semantics, which have a funny way of changing the legal meaning of one thing to some completely different and sometimes unexpected animal.
A real estate investment trust, or REIT, is a tax designation for a corporation investing in real estate aimed at reducing or eliminating corporate income taxes. To get the tax advantage, REITs must distribute 90% of their income, which may be taxable to the investors. It is generally wise to hire an experienced lawyer to help set up a REIT, since such a trust may have repercussions for business plans and tax liability that are difficult to predict.
But I'm guessing that your question concerns something simpler: perhaps putting your parents' home or other real estate in a trust, such as a living trust, that will ensure that the title to it passes directly to the named beneficiaries when the person who made the trust dies. This is often a wise addition to a complete estate plan putting final affairs in order, as living trusts pass property automatically at death -- unlike wills, which usually must be processed through a probate curt, adding time and expense to the procedure.
Living trusts are not particularly difficult to set up. You can hire a lawyer for help -- or do it yourself, with the help of reputable books or software, if you are willing to do a bit of paperwork for the cause.
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