Legal Question in Real Estate Law in Massachusetts
Living trust
I have a property in New Jersey and have a property in PA, but I live in MA state, can I put all my properties in one Living Trust and file it in my home state?
Thanks for advise.
2 Answers from Attorneys
Re: Living trust
You can have a single living trust hold title to the property. You may have to regsiter the trust with each state. You may want to use a Nominee Trust as the title holder and the Living Trust as the beneficiary of the nominee trust.
I would assume you may have a large enough estate where tax issues may arise. I would suggest you speak to an attorney with estate planning experience. While you may not have a federal tax problem, each state will make a claim against your estate with respect to property held in that state and therefore you may need a more sophisticated estate plan.
I would be happy to discuss the matter with you without obligation.
Re: Living trust
A simple answer is "maybe." It depends upon what the purpose is of putting the properties in trust, and what kind of properties you have. You will also need the input of attorneys licensed in PA & NJ, for purposes of preparation of deeds and possible related taxation issues.
Questions which arise include what kind of entities to put the properties in (trust, llc, etc.), and how long you anticipate holding onto the properties for.
As far as a "living trust" or revocable trust, it will not generally need to be recorded or filed, though execution formalities will need to be honored.