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Asset Protection, Trusts and Wills

OUR GOAL—YOUR Complete Satisfaction and Understanding
Our goal is to provide each of our clients with as much information as possible about Asset Protection, Trusts and Wills. As you will see as you review the following material, there is a lot of information to digest and consider. Many legal aspects may be complex and confusing. We want you to know we are available to speak with you about any legal aspects of Asset Protection, Trusts and Wills at your convenience either over the telephone or in person at the Spiegel and Utrera, P.A., office nearest you. What do some of these terms mean? Click here for a Glossary. For answers to Frequently Asked Questions (FAQs) about Asset Protection, Trusts and Wills. Click here for FAQs.

Funding Your Trust

Mortgage
A mortgage is a conditional conveyance of the real estate whereby the borrower holds all title to the real estate while the lender holds a right of foreclosure. The mortgage agreement defines this relationship and the terms and conditions through which the lender may foreclose. The law of equity (fairness) allows the homeowner redemption of his "equity" in the home (what he has paid into it over time) through a foreclosure proceeding. This is regarded as "equity" because before judicial intervention, a lender could take the home upon the borrower's default, sell it, and retain all of the value received while the homeowner kept nothing even though they may have been very close to paying off the note held by the lender. Let us draft a mortgage for you for $667.95.

Security Agreement
If you are lending money to the trust, or the trust is lending money to you, the debt should be secured by collateral that could be sold for proceeds in the event of the default of the loan. Let us draft a security agreement for you for $167.95.

Asset Purchase Agreement
You may want to sell assets of your business to the living trust if there are significant liabilities you want to exclude from the corpus (body) of the trust. The business assets would be held for the beneficiaries and could be sold by the trustee over time to provide income to the trust. Let us draft an asset purchase agreement for you for $467.95.

Bill of Sale
You will want to transfer personal property to the trust to be held for the beneficiaries. A Bill of Sale will identify and describe the asset(s) being sold, identify and describe the purchase price and terms of payment, provide for the transfer of title to the asset(s), free and clear of all encumbrances. include warranties, if any, as to the condition of the asset(s). Let us draft a Bill of Sale for you for $267.95.

Quitclaim Deed
It is essential to promptly fund the revocable living Trust after it is executed. If you have real estate to transfer to the revocable living Trust, you will need to quitclaim deed to transfer title. The fee for the Quitclaim Deed is $150 at the time of ordering a revocable living Trust.

Stock Transfer Agreement for a Corporation
When funding the revocable living Trust, you may want to transfer ownership of your corporation to the Revocable Living Trust and held for the benefit of the beneficiaries. The fee for the Stock Transfer Agreement and Stock Certificate issued to the new Shareholder is $150 at the time of ordering a revocable living Trust.

Membership Transfer Agreement for a Limited Liability Company
When funding the revocable living Trust, you may want to transfer ownership of your LLC to the revocable living Trust and held for the benefit of the beneficiaries. The fee for the Membership Interest Transfer Agreement and Membership Certificate issued to the new Member is $150 at the time of ordering a revocable living Trust.

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