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  1. #1
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    Apr 2020
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    Default How Do You Name the Owner of an Asset Transferred into a Revocable Living Trust

    My question involves estate proceedings in the state of: New York
    There seems to be two alternate ways to name the owner of an asset in Joe Blow's trust:

    A) Joe Blow as Trustee of the Joe Blow Revocable Living Trust
    B) Joe Blow Revocable Living Trust

    Which one is the correct/preferred naming, or is it immaterial?

  2. #2
    Join Date
    Nov 2013
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    7,052

    Default Re: How Do You Name the Owner of an Asset Transferred into a Revocable Living Trust

    The trust is the owner of the assets. The trustee manages the trust according to the trust documents.

  3. #3
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    Jul 2018
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    2,730

    Default Re: How Do You Name the Owner of an Asset Transferred into a Revocable Living Trust

    Depends on the context, but generally immaterial (especially if Joe Blow is both the trustor and the trustee and, if alive, the only beneficiary).

  4. #4
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    Apr 2020
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    Default Re: How Do You Name the Owner of an Asset Transferred into a Revocable Living Trust

    I apologize for not posing my question clearly. Good old Joe Blow has two properties. He is the trustee of his Joe blow Revocable Living Trust.
    The official owner registration (title) with the county assessor shows the owner of property #1 to be "Joe Blow as Trustee of the Joe Blow Revocable Living Trust".
    The official owner registration (title) with the county assessor shows the owner of property #2 to be "Joe Blow Revocable Living Trust".
    The question is: Which version listed is correct, or is it immaterial? (or, what is the difference?

  5. #5
    Join Date
    Oct 2016
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    4,301

    Default Re: How Do You Name the Owner of an Asset Transferred into a Revocable Living Trust

    Joe Blow Revocable Living Trust

  6. #6
    Join Date
    Mar 2013
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    Default Re: How Do You Name the Owner of an Asset Transferred into a Revocable Living Trust

    Might be "legally" immaterial but for consistency I would change the first to conform with Joe Blow Revocable Living Trust.

    Avoids greedy beneficiaries fighting over the meaning of the words after good old Joe has gone to his reword.

  7. #7
    Join Date
    Oct 2016
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    4,301

    Default Re: How Do You Name the Owner of an Asset Transferred into a Revocable Living Trust

    It just makes sense to use "Joe Blow Revocable Living Trust". Joe, or any other trustee, might get hit by a bus.

  8. #8
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    Jul 2018
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    Default Re: How Do You Name the Owner of an Asset Transferred into a Revocable Living Trust

    Quote Quoting hukre
    View Post
    The official owner registration (title) with the county assessor shows the owner of property #1 to be "Joe Blow as Trustee of the Joe Blow Revocable Living Trust".
    The official owner registration (title) with the county assessor shows the owner of property #2 to be "Joe Blow Revocable Living Trust".
    The question is: Which version listed is correct, or is it immaterial? (or, what is the difference?
    I'm not sure what you mean by correct or what your source of information is. I'm guessing maybe you ran a search on the county assessor's website. If that's where you're getting this, there's nothing "official" about that. You'd need to look at the deeds for the properties (which I don't think you can do online for any California county).

    With that said, what is normally done when someone acquires real property in the name of a trust is that the deed will read along the following lines: "GRANTOR, Susie Smith, an unmarried woman, grants the property described below to GRANTEE: Joe Blow, trustee of the Joe Blow Revocable Trust." If you want to be highly technical, the property is owned by Joe Blow, in his capacity as trustee, for the benefit of the beneficiaries of the Trust and pursuant to the terms of the Trust. However, in virtually all contexts (and particularly colloquially), it is perfectly fine to say that the Trust owns the property. Note that my answer would be slightly different if we were talking about an irrevocable trust.

  9. #9
    Join Date
    Apr 2020
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    12

    Default Re: How Do You Name the Owner of an Asset Transferred into a Revocable Living Trust

    Thanks to all of you who took the time to answer my question. I think I got the information I was looking for.

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