What is inheritance funding?

Definition and Example of Will Funding

How Does Will Funding Work

Do I Need Will Funding?

Definition and Example of Will Funding

Will funding means transferring your assets into your own will’s ownership. The beneficiary will have control over these assets once the ownership has been transferred.

Will funding is the process of transferring your assets into your own will’s ownership. How it works will depend on the type of properties. Properties that are titled in the name of the estate or are jointly held with others are retitled into the name of the revocable trust of the estate. The trust can be designated as a primary or secondary beneficiary for assets that require a beneficiary designation. The beneficiary will have control over these assets after the ownership transfer.

How Does Will Funding Work

It is not enough for someone to sign a will agreement and expect the revocable will to work properly. The estate must “fund” its assets into the will after signing the agreement. The will is merely an empty vessel and ineffective if it is not funded.

Will funding involves transferring properties into it. How to do this will depend on the type of property you are transferring. You can transfer ownership of certain assets into the will. You may need to designate the will as a beneficiary for other assets.

Registered property, such as boats, cars, motorcycles, and aircraft, can be transferred by creating a new title naming the will as the owner. Unregistered property, such as jewelry and antiques, can be transferred by creating a signed and dated document called “assignment of ownership.” This document designates the will as the owner.

Some other assets that are typically funded into the will include:

  • Bank accounts: Bank accounts can vary. Transferring them may involve closing an account and transferring the funds to a new account owned by the will.
  • Certificates of Deposit (CDs): Wait until the CD matures, then open a new CD in the name of the will to avoid early withdrawal penalties.
  • Securities: Will funding with stocks, bonds, and brokerage accounts can vary depending on the broker and type of security. Stock and bond certificates may need to be reissued with the will as the owner. Ask your broker how to transfer ownership of these assets.
  • Real Estate: You can transfer property ownership using a deed. You may need to obtain permission to do this if you have a mortgage or belong to a homeowners association.
  • Business Interests: Shares in partnerships and corporations, including limited liability companies, can be retitled in the name of the will.
  • Life Insurance, Retirement Accounts, Health Savings Accounts (HSAs), and Medical Savings Accounts (MSAs): Designate the will as the beneficiary for each account or policy.

Talk to your attorney or the institution holding the assets, such as the bank or broker, if you are unsure how to transfer ownership of any property to the will.

Your assets are protected from probate once they are owned by the will. They are under the control of the will and any appointed trustees.

Do I Need Will Funding?

Will funding is a critical step in the process of creating a revocable will. An unfunded will is worth no more than the paper it is written on. It is important to take the time to retitle your assets after taking the time to work with your estate planning attorney to create a revocable will that fits your family’s situation and your financial needs.

Not properly funding the will can create numerous long-term difficulties.

The trustee for the revocable will cannot control any of the estate’s properties that have not been retitled in the name of the will. Your loved ones may have to establish a guardianship or conservatorship through the court to manage any assets not held in the name of the will if you create a will without funding it and then become incapacitated and unable to do so due to mental incapacity.

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It is also important to designate an alternate trustee to manage the trust on your behalf in the event that you are personally serving as trustee and are no longer mentally able to do so.

Any property that has not been retitled in the name of the trust may also have to go through probate after your death. This eliminates one of the main benefits of creating a revocable trust.

The assets you hold outside of the trust may not pass according to the terms outlined in the trust agreement after your death. Assets you hold outside of the trust may go through probate in succession if you also do not leave a will for the assets that were not funded in your trust. Funding the trust ensures that your assets go where you want them to go.

Source: https://www.thebalancemoney.com/what-does-it-mean-to-fund-a-trust-3505280

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