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Mortgages and Trusts: What You Need to Know
Bryan V. Norton
At Liberty Law Idaho, we often recommend that clients include a Trust as a key component of their overall Estate Plan. Like a Will, a Trust helps distribute your assets after death—but it also provides valuable benefits while you’re still alive, particularly in how your assets are managed and protected.
Can You Transfer a Mortgaged Home Into a Trust?
Yes, you can! Many people assume that a mortgage prevents transferring property into a Trust, but that’s not the case. Even with a mortgage, your home can be placed into a Trust—though there are a few important considerations.
What Is a Trust?
A Trust is a legal arrangement where property is held by one party (the Trustee) for the benefit of another (the Beneficiary). You, as the Grantor, transfer assets into the Trust—essentially placing them into a legal "bucket.” If your Trust is revocable, you retain full control and can manage, modify, or even dissolve the Trust at any time during your lifetime. Typically, the Trust becomes irrevocable upon your death or your spouse’s death unless otherwise specified.
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