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What Happens if You Forget to Put Title to an Asset into Your Revocable Living Trust?
By Phil Craig


Ppi Claims
At the time you felt pressured into taking out payment protection insurance on your loan. The representative from the bank seemed to bamboozle you with facts and figures and to be honest; you didn`t quite understand what was going on. You just wanted the loan because you needed a newer car as the engine on your old one had packed in. However, here you are a number of years later and you feel that an injustice has been carried out. A number of people have been sold PPI in the past and they have made successful claims against the bank that made them take it out in the first place. Enquire about Ppi Claims through a claim management company and you could find that you have a very strong case. You weren`t made fully aware of the facts at the time and there`s a good chance that you were mis-sold the policy. Speak to an advisor about Ppi Claims and you might even find that your policy was full of exemptions and clauses which meant it would have never been paid anyway. Highly experienced PPIs were sold to tons of people and in countless cases they didn`t guarantee to cover loan payments in times of sickness or redundancy. Plenty of people have valid reasons to make the Ppi Claims and you could be one of them.


Previously, we discussed the problems that arise if you fail to place title to your assets into the name of your revocable living trust.

In one article, I shared the problem of the widow. She learned that her husband had assets that were in his name alone and not put into the title of their revocable living trust.

An attorney was now quoting her a fee of thousands of dollars to clean up the revocable living trust and try to avoid probate.

In my Multi-Media course I describe what you can do if you find that an asset is left out of your trust.

About 13 years ago, the California Court of Appeals decided a case where a man had died without placing title to his assets into his revocable living trust. The appeals court decided that even though the man had failed to actually place title into his revocable living trust, the man had demonstrated enough of an intent that his assets be held in the revocable living trust. Therefore, the court held that the revocable living trust held legal title. The court then instructed the lower court to issue an order converting the assets into the title of the revocable living trust.

This case is now used in California to help avoid probate if assets are found to not be in the name of the revocable living trust. The key is that there has to be a demonstration of intent that the assets be held in the name of the revocable living trust.

In my practice I used to prepare a document called "General Assignment of Assets to Revocable Living Trust." In it, I would declare the intent of the parties to have their assets held in the title of the revocable living trust. It then went on to say that if there was an asset that was left out, it was to be placed into the revocable living trust on request by the trustee. This gave the trustee the elements needed under the court of appeals case to avoid probate.

You should ask your estate planning professional if a "General Assignment of Assets" to your revocable living trust is appropriate for you.

Good luck and until next time,

Phil Craig

P.S. Feel free to forward this on to any friends.

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