--- title: "Trust Funding Attorney | Fund Your Revocable & Irrevocable Trusts | Legacy Counsel" description: "An unfunded trust does nothing." lang: en json-ld: | [ { "@context": "https://schema.org", "@graph": [ { "@type": "LegalService", "@id": "https://jacobslegacycounsel.com/#legalservice", "name": "Jacobs Legacy Counsel", "alternateName": [ "Legacy Counsel by Jacobs Counsel", "Jacobs Legacy" ], "url": "https://jacobslegacycounsel.com", "description": "Fixed-fee estate planning for high-net-worth families, founders, executives, and professional athletes. Licensed in New York, New Jersey, and Ohio.", "logo": "https://jacobslegacycounsel.com/logo-dark.jpg", "image": "https://jacobslegacycounsel.com/og-image.jpg", "telephone": "+1-646-343-7227", "email": "intake@jacobscounsellaw.com", "priceRange": "Fixed-fee engagements", "address": { "@type": "PostalAddress", "streetAddress": "221 River Street, Floor 9", "addressLocality": "Hoboken", "addressRegion": "NJ", "postalCode": "07030", "addressCountry": "US" }, "areaServed": [ { "@type": "State", "name": "New York" }, { "@type": "State", "name": "New Jersey" }, { "@type": "State", "name": "Ohio" } ], "knowsAbout": [ "Estate planning", "Revocable living trusts", "Irrevocable trusts", "Dynasty trusts", "Asset protection planning", "Generation-skipping transfer tax planning", "Estate planning for professional athletes", "Estate planning for founders and executives", "QSBS planning", "Pre-liquidity estate planning", "Probate and trust administration" ], "contactPoint": { "@type": "ContactPoint", "telephone": "+1-646-343-7227", "email": "intake@jacobscounsellaw.com", "contactType": "client intake", "areaServed": [ "US-NY", "US-NJ", "US-OH" ], "availableLanguage": [ "en" ] }, "founder": { "@id": "https://jacobscounsellaw.com/about/drew-jacobs#person" }, "employee": { "@id": "https://jacobscounsellaw.com/about/drew-jacobs#person" }, "parentOrganization": { "@type": "LegalService", "@id": "https://jacobscounsellaw.com/#legalservice", "name": "Jacobs Counsel LLC", "url": "https://jacobscounsellaw.com" }, "sameAs": [ "https://jacobscounsellaw.com", "https://www.linkedin.com/company/jacobs-counsel", "https://www.instagram.com/jacobscounsel" ] }, { "@type": "WebSite", "@id": "https://jacobslegacycounsel.com/#website", "url": "https://jacobslegacycounsel.com", "name": "Jacobs Legacy Counsel", "publisher": { "@id": "https://jacobslegacycounsel.com/#legalservice" }, "inLanguage": "en-US" }, { "@type": "Person", "@id": "https://jacobscounsellaw.com/about/drew-jacobs#person", "name": "Andrew R. Jacobs, Esq.", "alternateName": "Drew Jacobs", "url": "https://jacobscounsellaw.com/about/drew-jacobs", "jobTitle": "Founder & Managing Attorney", "worksFor": { "@id": "https://jacobscounsellaw.com/#legalservice" }, "sameAs": [ "https://jacobslegacycounsel.com", "https://www.linkedin.com/in/drew-jacobs-dj32/", "https://www.instagram.com/jacobscounsel", "https://profiles.superlawyers.com/new-york-metro/hoboken/lawyer/andrew-jacobs/5765bbd8-0554-4eb5-be6d-0431db28f834.html", "https://www.avvo.com/attorneys/07030-nj-andrew-jacobs-5765bbd8.html", "https://iapps.courts.state.ny.us/attorneyservices/search?lastName=jacobs&firstName=andrew" ] } ] }, [ { "@context": "https://schema.org", "@type": "WebPage", "name": "Trust Funding Attorney", "description": "An unfunded trust does nothing.", "url": "https://jacobslegacycounsel.com/trust-funding", "isPartOf": { "@type": "LegalService", "name": "Legacy Counsel by Jacobs Counsel LLC", "url": "https://jacobslegacycounsel.com" } }, { "@context": "https://schema.org", "@type": "FAQPage", "mainEntity": [ { "@type": "Question", "name": "What happens if I never fund my trust?", "acceptedAnswer": { "@type": "Answer", "text": "Any asset still in your individual name at death will go through probate, defeating most of the reason you created the trust." } }, { "@type": "Question", "name": "Should my retirement account name the trust as beneficiary?", "acceptedAnswer": { "@type": "Answer", "text": "Sometimes." } }, { "@type": "Question", "name": "Does transferring my house to the trust trigger tax or due-on-sale?", "acceptedAnswer": { "@type": "Answer", "text": "Federal law (Garn-St." } }, { "@type": "Question", "name": "Can I fund the trust myself?", "acceptedAnswer": { "@type": "Answer", "text": "Some of it, yes." } } ] } ], { "@context": "https://schema.org", "@type": "BreadcrumbList", "itemListElement": [ { "@type": "ListItem", "position": 1, "name": "Home", "item": "https://jacobslegacycounsel.com/" }, { "@type": "ListItem", "position": 2, "name": "Trust Funding", "item": "https://jacobslegacycounsel.com/trust-funding" } ] } ] --- A Practice of [Jacobs Counsel LLC](https://jacobscounsellaw.com) Serving NY · NJ · OH — Vol. 2026 [Legacy Counsel ](/) Firm Resources Estate Planning Trusts [Probate & Admin](/probate-trust-administration)[Pricing](/pricing)[Book Call](https://cal.com/drewjacobs/estate-planning)[Start Intake](/get-started) Menu 1. [Home](/) 2. Trust Funding Trust Funding Legacy 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. [Start Intake](/get-started)[Book a Consultation](https://cal.com/drewjacobs/estate-planning) 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 - [All Trusts](/trusts) - [Revocable Living Trusts](/revocable-living-trust-attorney) - [Irrevocable Trusts](/irrevocable-trust-attorney) - [Trusts for Minor Children](/trust-for-minor-children) Next Step ### Talk to Legacy Counsel. Fixed-fee estate planning for clients in New York, New Jersey, and Ohio. [Start Intake](/get-started)[Book a Consultation](https://cal.com/drewjacobs/estate-planning) 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. **Prospective Client Disclaimer.** Submitting this form does not create an attorney-client relationship. Do not send confidential or time-sensitive information until we have signed an engagement letter. We will review your submission and follow up to discuss whether we can represent you. By submitting, you consent to be contacted about your inquiry. Estate Planning & Legacy Counsel Legacy Counsel by Jacobs Counsel. Fixed-fee estate planning, trusts, wills, and generational wealth strategy for high-net-worth families. 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All rights reserved. Attorney Advertising. Prior results do not guarantee a similar outcome. **Jurisdiction.** Drew Jacobs is licensed to practice law in New York, New Jersey, and Ohio . Estate planning is highly state-specific — laws governing wills, trusts, probate, estate and inheritance tax, and asset protection vary materially by jurisdiction. We represent clients whose residence, primary assets, or business interests are situated in NY, NJ, or OH. For matters involving other states, we coordinate with qualified local counsel. Nothing on this site constitutes legal advice or an offer to represent you in a jurisdiction in which we are not licensed.