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Updated over 9 years ago on . Most recent reply

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Mark S.
  • Rental Property Investor
  • Kentucky
526
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1,305
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Placing Primary Residence in Living Revocable Trust

Mark S.
  • Rental Property Investor
  • Kentucky
Posted

Hey Guys,

I would like to place my primary residence into a revocable living trust in order to avoid probate in the event of my premature death.  I don't want to leave a mess to my heirs.  Most of my other property will pass outside of probate with the exception of my house.

I am a young, single guy with no dependents. I have a mortgage on my home. Is this possible since it would be going into a trust (versus, say, an LLC) without having to worry about the due-on-sale clause, or am I SOL?

Thanks in advance.

  • Mark S.
  • Most Popular Reply

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    Rick H.#4 Marketing Your Property Contributor
    • Lender
    • Greater LA/Orange County area, CA
    3,548
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    Rick H.#4 Marketing Your Property Contributor
    • Lender
    • Greater LA/Orange County area, CA
    Replied

    Bigger Pockets is public forum and a place to discuss deals, investments, tenants, etc.

    It is NOT a substitute for solid legal advice. I don't think anyone has steered you wrong here however, I encourage you to discuss your intentions, in private, with a qualified estate planning attorney who is licensed to practice in your state. 

    Have a meeting with legal counsel every five years or so (or more frequently, if your assets and net worth are changing frequently). 

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