A common estate planning mistake many people make – including celebrities like Michael Jackson – is not ensuring the Trust you have created holds all your assets. Unfortunately, many lawyers do not make sure this is properly handled for their clients because they are not checking regularly on all of the assets of their clients as their lives change. So if you’ve worked with any law office other than Pierchoski Estate Law, you need to double check this critical issue. If you do not transfer your assets into your trust, it is an empty shell and does nothing to accomplish the objectives you had in mind when you established it.
Here are the proper procedures for funding your trust:
Real estate– a new deed in the name of the Trust must be drawn and recorded at the county clerk’s office.
Stocks, bonds, mutual funds– to transfer the ownership of these assets into your Trust, you need to contact your broker, investment counselor or transfer agent for the proper paperwork and complete those documents as instructed.
Savings bonds– you will need to obtain a reissue form from the Federal Reserve Bank and re-title the bonds in the name of the Trust.
Brokerage accounts– contact your broker for the proper forms that will enable the broker to close the existing accounts and transfer the assets into a new Trust account.
Stock certificates– you will need to send a completed stock power form as well as a W-9 form with your tax ID number with the original stock certificates to the company’s transfer agent.
Bank accounts, CDs– new accounts will need to be established in the name of the Trust. If your bank cannot transfer CDs until the maturity date, then mark them in trust for a beneficiary until the CDs mature and you can transfer them to the Trust.
As your partner in planning for the financial security of yourself and your family, Pierchoski Estate Law wants to ensure that your Trust doesn’t go unfunded. Our concern for you doesn’t stop with the signing of any legal documents — together, we can ensure everything has been done properly so you are fully protected. To begin your Trust, call us at 931.363.7222.
A Note from the Attorney, Stan Pierchoski:
The practice of law is a second career for me. After obtaining Master of Science degrees in both Nuclear and Mechanical Engineering, I worked in the Nuclear Power Industry for 15 years. Always having an interest in law, I attended and graduated from law school and founded the Pierchoski Law Firm in 2002 in Pulaski, TN. For several years I practiced as a criminal defense, trial attorney. After my parents passed I became interested in Trust and Estate Law and felt a strong calling to change my practice to the Estate Planning area.
For years I have been exclusively doing trust writing and wealth planning and have become proficient at it. Over the last several years my practice has evolved to serve all age groups including elders and Medicaid Planning. I am always open to your questions and am more than happy to chat with you about your concerns so give me a call or stop by my office. You’ll be glad you did!