Denver, CO asked in Estate Planning for Colorado

Q: I own a house with my daughter. I want to put my part of the house in trust for her. Is this difficult?

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1 Lawyer Answer
Rebecca Pescador
Rebecca Pescador
  • Estate Planning Lawyer
  • Westminster, CO
  • Licensed in Colorado

A: As a process, it is not inherently difficult, though you definitely need to obtain the assistance of an experienced estate planning attorney to accomplish it.

That said, Trusts can range from relatively simple to extremely complex. It will depend on what you want to accomplish with the Trust.

Also, consider why you want to put your part in Trust. Trusts can be very useful tools and accomplish many useful purposes. It is important to remember though that they also create a new entity to be responsible for. A Trust is treated similarly to a business entity in that it has to file its own tax returns, its assets have to be managed separately from your own, and detailed records must be kept.

Depending on what you are trying to accomplish by putting your part of the house into Trust, it could be that there are other options that might be a better fit. It isn't always worth the extra work and responsibility that comes with a Trust. When it's the right fit, there is no better tool. Consulting with an experienced estate planning attorney will give you the opportunity to explore what you want to accomplish with this bit of estate planning and what your options are so that you can be sure you're using the tool that is the best fit.

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