Adding a House to a Trust in New York

Estate planning is an essential part of securing your future and that of your loved ones. One of the most significant assets people often think about when planning their estate is their home. In New York, adding your house to a trust can be an effective way to ensure your property is managed according to your wishes after your death. However, the process can be complex and requires a clear understanding of the state's laws and regulations.

Benefits and Drawbacks of Adding a House to a Trust in New York

Understanding the benefits and potential drawbacks of adding your house to a trust in New York is crucial to making an informed decision.

Benefits:

1. Avoiding Probate: By placing your house in a trust, it can pass directly to your beneficiaries upon your death, bypassing the probate process. Probate can be time-consuming and expensive, so this is a significant advantage.
2. Privacy: Trusts offer privacy as they do not become part of the public record, unlike wills. The details of your estate, including who your beneficiaries are and what they will receive, remain private.
3. Control and Flexibility: With a living trust, you maintain control over the property during your lifetime and can change or revoke the trust at any time.

Drawbacks:

1. Upfront Costs: Setting up a trust can be more expensive upfront compared to creating a will due to its complexity.
2. Maintenance: Trusts require ongoing management. This could mean additional time and costs, particularly if you have to hire a professional to manage the trust.
3. Complexity: Trusts are more complex than wills. They may require more effort to set up and manage, and you'll need to transfer the title of your house to the trust after it's set up.

The Process of Adding a House to a Trust in New York

The process of adding a house to a trust in New York involves several steps, which must be followed accurately to ensure a smooth process.

1. Create a Trust: The first step is to create a trust document. This document outlines the terms of the trust, including beneficiaries and what happens to the property upon your death. You can create a trust using an online estate planning service or by working with an attorney.
2. Property Appraisal: Before transferring your property into a trust, it may be beneficial to have it appraised to determine its current market value.
3. Title Transfer: The next step involves transferring the title of your house to the trust. This is done by drafting a new deed with the name of the trust as the grantee. In New York, the deed must be signed in the presence of a notary public.
4. Record the Deed: After the deed is signed and notarized, it should be recorded with the county clerk's office in the county where the property is located.
5. Notify Your Mortgage Lender and Insurance Company: Finally, notify your mortgage lender and insurance company about the change in ownership.

Costs of Adding a House to a Trust in New York

The costs involved in adding a house to a trust in New York can vary based on several factors, including the complexity of the trust, the value of the property, and the attorney's fees if you choose to hire one.

1. Legal Fees: The cost of setting up a trust can range anywhere from a few hundred to a few thousand dollars, depending on whether you use an online service, a document preparation service, or hire an attorney to draft the trust.
2. Property Appraisal Fees: The cost of a home appraisal in New York typically ranges between $300 and $500, but it can be higher for larger or more complex properties.
3. Deed Preparation and Recording Fees: There will be a charge to prepare and record the new deed. Deed preparation costs can range from $100 to $250, and recording fees in New York are typically around $125, but this can vary by county.
4. Mortgage and Insurance Considerations: If your house has a mortgage, you'll need to notify your lender that you're transferring the property to a trust. Depending on the lender, there may be a fee associated with this. Additionally, you'll need to inform your homeowner's insurance company about the transfer. Although this shouldn't result in additional costs, it's essential to ensure your property remains properly insured.

Estate Taxes in New York

New York is one of the states that does impose its own estate tax. For deaths occurring on or after January 1, 2019, estates exceeding $5.85 million are subject to estate tax. This threshold is significantly lower than the federal estate tax exemption, which is $11.7 million for 2021.

Transferring your house to a trust does not exempt it from estate taxes. The property will still be considered part of your taxable estate. However, certain types of trusts, such as an irrevocable trust, can help reduce or even eliminate estate tax liability.

Selling a House in a Trust in New York

Selling a house in a trust is entirely possible and fairly straightforward, but the process can vary depending on the type of trust you have. If the trust is a revocable living trust, and you're the trustee, you can sell the property just as you would if the house were not in a trust. The proceeds from the sale would then go into the trust. However, if you're not the trustee, or if the trust is irrevocable, things can be a little more complex. The trustee would carry out the sale process and the sale proceeds would go into the trust for distribution according to the terms set out in the trust document.

Adding a House with a Mortgage to a Trust in New York

If your house is still under a mortgage, you might wonder how this affects the process of adding it to a trust. The good news is that in most cases, you can still transfer a mortgaged house into a trust. This is protected under the Garn-St. Germain Depository Institutions Act of 1982, which prevents lenders from calling in loans or raising interest rates when a mortgaged property is transferred into a revocable living trust. However, it's crucial to inform your mortgage lender about the transfer. Failure to do so could potentially lead to complications down the line.

Refinancing a House in a Trust in New York

Refinancing a property held in a trust can be a bit more intricate than a standard refinance. However, it's certainly not impossible and can be done with proper guidance. Many homeowners with properties in a trust successfully refinance their homes. They typically have to temporarily remove the property from the trust, refinance the home, and then put it back into the trust.

Transferring a House out of a Trust in New York

There may come a time when you wish to remove your house from a trust. The process for doing so will depend on the type of trust you have. If your house is in a revocable trust, the process is generally straightforward. As the trustee, you have the authority to transfer the property out of the trust. However, if your house is in an irrevocable trust, removing it can be more complex. This type of trust cannot be altered without the consent of the beneficiaries. Therefore, transferring a property out of this type of trust typically requires agreement from all parties involved and may require court approval.