A Practice of Jacobs Counsel LLCServing NY · NJ · OH — Vol. 2026
Legacy Counsel
Trust FundingLegacy Counsel

Trust Funding Attorney

Quick answer: Trust funding is the process of actually moving assets into your trust — retitling real estate, brokerage accounts, business interests, and updating beneficiary designations so they coordinate with the trust.

Key Points

  • Who it is for: anyone with an existing revocable or irrevocable trust, especially one signed years ago and never followed through on
  • What it solves: probate for assets left in individual name, ancillary probate on out-of-state real estate, and beneficiary chaos at death
  • Different asset classes require different funding mechanics — deeds, assignments, retitling, beneficiary forms
  • Retirement accounts are special — naming the trust as beneficiary has SECURE Act consequences

How trust funding works, asset by asset

Real estate: prepare and record a new deed transferring the property from you to the trust.

Brokerage and bank accounts: retitle into the trust's name with the institution's standard paperwork.

Business interests: assign LLC or partnership interests via formal assignment and update the operating or partnership agreement.

Life insurance and retirement accounts: update beneficiary designations — for retirement accounts, only after modeling the SECURE Act 10-year rule with your CPA.

Common mistakes we fix

Trusts signed five years ago with nothing ever retitled.

Out-of-state real estate left in individual name, triggering ancillary probate in a second jurisdiction.

Naming the trust as IRA beneficiary without conduit/accumulation drafting, accelerating income tax.

Failing to update beneficiary designations after a divorce or remarriage.

New York, New Jersey & Ohio considerations

New York: NYC real estate transfers require RPT and ACRIS filings; co-op transfers need board approval and proprietary lease assignment.

New Jersey: deed transfers are coordinated through the county clerk and may interact with the realty transfer fee — most intra-trust transfers are exempt.

Ohio: real estate is funded via deed or Transfer-on-Death affidavit; we choose based on the rest of your plan.

How Legacy Counsel helps

We do the funding work — not just hand you a checklist.

Frequently Asked

What happens if I never fund my trust?+

Any asset still in your individual name at death will go through probate, defeating most of the reason you created the trust.

Should my retirement account name the trust as beneficiary?+

Sometimes.

Does transferring my house to the trust trigger tax or due-on-sale?+

Federal law (Garn-St.

Can I fund the trust myself?+

Some of it, yes.

Related

Next Step

Talk to Legacy Counsel.

Fixed-fee estate planning for clients in New York, New Jersey, and Ohio.

Drew Jacobs is licensed in New York, New Jersey, and Ohio. Nothing on this page constitutes legal advice or an offer to represent you in a jurisdiction in which we are not licensed.

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