Estate Planning 101

How to Transfer Real Estate Investment Trusts (REITs) into a Trust

Navigate the complexities of transferring Real Estate Investment Trusts (REITs) into a trust with our detailed guide. Learn the steps, benefits, and potential considerations involved in this financial planning strategy to secure your real estate investments.
February 4, 2024

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Need a Will or Trust?

Snug makes it easy to create a Will or Trust in under 20 minutes. Powers of Attorney and Health Care Directives are included for free with any Will or Trust, as is a year of free updates.
Get started for free

Need a Will or Trust?

Snug makes it easy to create a Will or Trust in under 20 minutes. Powers of Attorney and Health Care Directives are included for free with any Will or Trust, as is a year of free updates.
Get started for free

Real Estate Investment Trusts, often known as REITs, are popular investment tools that allow individuals to invest in income-producing real estate. Like other assets, REITs can be transferred into a trust for various reasons, including estate planning, tax benefits, and legal protection. This blog post will guide you through the process of transferring REITs into a trust.

Understanding Trusts and REITs

A trust is a legal entity that holds and manages assets for the benefit of specific people or entities, known as beneficiaries. REITs, on the other hand, are companies that own, operate, or finance income-generating real estate. By transferring REITs into a trust, you gain the protective benefits of a trust while still enjoying the returns from your real estate investments.

Reasons to Transfer REITs into a Trust

Transferring REITs into a trust can provide tax benefits, as some trusts can provide more favorable tax conditions depending on your circumstances. Additionally, transferring REITs into a trust can also provide better control over estate planning, allowing you to determine precisely who benefits from your investments after your death. Lastly, trusts provide a level of legal protection, separating the assets from your personal estate.

How to Set Up a Trust for REITs

  1. Choose the type of trust: You can choose between a revocable trust, which can be altered or canceled, and an irrevocable trust, which cannot be changed without the permission of the trustee.
  2. Select a trustee: This person will manage the assets in the trust. You can select anyone you trust, including yourself.
  3. Create the trust document: This is a legal document that outlines the terms of the trust, including who the beneficiaries are and how the assets should be managed.
  4. Fund the trust: The final step in setting up the trust is to move the assets, in this case, the REIT shares, into the trust.

Process of Transferring REITs into a Trust

  1. Identify the REITs: You first need to identify the REITs that you want to transfer into the trust.
  2. Contact your broker: You will need to contact your broker or the entity that holds your REITs and inform them of your decision to transfer the REITs into a trust.
  3. Complete the transfer forms: The broker will provide you with the necessary forms to transfer the REITs into the trust.
  4. Send the forms back to your broker: Once completed, send these forms back to your broker, who will then transfer the REITs into the trust.

Getting Professional Help

Transferring REITs into a trust can be a complex process, with potential tax implications and legal hurdles. It's vital to seek the advice of a professional, such as a lawyer or financial advisor, to guide you through the process. They can help you understand the implications of your decision, assist with the setup and management of the trust, and address any legal issues that may arise.

Conclusion

Transferring REITs into a trust can provide you with significant benefits, including legal protection, tax benefits, and improved estate planning. With professional help, this process can be made more manageable and less stressful.