When setting up an estate plan, dealing with real property takes high priority. If an individual owns a house, land, or other real property, Colorado requires a probate for that person’s estate after death. However, setting up a trust allows you to transfer real property into the name of the trust – this is a great way to ensure your home does not get pulled into probate! Once your house transfers into your trust, though, you might start thinking about these common questions:
Does my trust owning my house impact insurance?
If your trust now owns your house, you might wonder if this changes your homeowners insurance. While your policy should not be impacted by the transfer, you should contact your provider to let them know your trust’s name should be added as an “additional insured” or “loss payee.”
In general, you are in charge of all of your assets whether they are within or outside of your revocable living trust. However, if your insurance provider is unaware that your home was transferred into your trust, this can cause confusion if you ever had to make an insurance claim. Taking the time to contact your insurance provider and provide your trust’s name will protect you in the long run.
If my trust owns my home, will I still qualify for the Colorado Senior Property Tax Exemption?
If you are at least 65 years old and have owned and lived in your home for 10 years, you likely qualify for a property tax exemption in Colorado. So, when your home goes from your name to the name of your trust, you may wonder if you lose the exemption. The good news is, you keep the exemption!
When you create a revocable living trust, you are usually the Settlor and the Trustee. This means you are still in control of anything in the trust. Even though the trust is technically the “owner” of your house once it is transferred into the trust, the law typically still views the house as your asset. This means you still qualify for this tax exemption.
I received a “deed recorded” notice in the mail – what does this mean?
After a deed transfers your home into the name of your trust, you will probably receive a notice in the mail. These notices might look official, and they usually ask you to send money to receive a copy of the deed – these types of notices are scams! Companies take advantage of the situation by sending a copy of the deed at an inflated price, but you can always access your recorded deed by contacting the county where your home is located.
Plus, at Axis Law Group, we always provide you with the relevant information and copies of your important estate planning documents. We’ll send you a copy of your recorded deed after your Signing Meeting, so you never have to worry about accessing it!
If you haven’t already set up your estate plan with us, you can schedule a free initial consultation to discuss the best options for you and your family. If you already have your plan set with us, check out our maintenance plan to access more resources for updating your plan!