Understanding living trusts in Iowa: A step-by-step approach

Setting up a living trust in Iowa can be a valuable estate planning tool for you. With a revocable living trust, you can deposit your assets in a trust while still having authority over them. Living trusts give you the option to maintain control and protect assets when you pass away.

The grantor establishes an Iowa living trust. The grantor gives the trust ownership of his property. The assets must be managed for the grantor's benefit by a trustee, who must be nominated. It is normal to designate yourself as a trustee to have total control. A successor trustee will manage the trust once the grantor passes away.

The trustee's responsibility is the distribution of assets to the beneficiaries following the conditions of the trust. A revocable trust can be changed or dismissed by the grantor while he/she is still alive. An Irrevocable living trust is permanent.

A living trust avoids probate and transfers assets directly to your beneficiaries. The Uniform Probate Code has not been adopted in Iowa, so the probate process can take several months and cost money for an executor and an attorney. For estates worth less than $100,000, a streamlined probate process is available, and in this case, using it can be less expensive than having a trust established.

What is called a living trust?

A living trust is a legal framework generated by a document that holds assets and property established throughout the settlor's (trust maker) lifetime. The settlor will choose the living trust's beneficiaries. The assets under the trust will be given to the beneficiaries following the settlor's death. An "inter vivos" trust is another name for this.

It is administered by a trustee responsible for allocating the assets held therein to the specified beneficiaries. The trustee can either be the grantor, a.k.a. the settlor, or a different person to have that position.

A will might be helpful to transfer property to your heirs. Before this is feasible, a will must pass through the judicial process called probate. We are here to make the expensive and time-consuming procedure of probate as easy as we can.

Two types of living trusts can be formed in Iowa - Revocable living trusts and irrevocable living trusts.

What is known as a revocable living trust in Iowa?

A revocable trust is a standard tool for estate planning. A revocable living trust can usually be modified or dismissed anytime during the settlor's lifetime. The trustee of the living trust will be designated as the settlor. A revocable living trust's trustee retains control over the trust assets and the trust itself.

A successor trustee must be named in a revocable living trust to continue managing it after the original trustee dies. Assume that the shared living trust, customary among spouses, is the irrevocable living trust. In that situation, after the passing of both spouses, the successor trustee assumes control.

What is known as an irrevocable living trust in Iowa?

Irrevocable trusts cannot be amended or modified after they are established. Once established, an irrevocable living trust prevents the trust's creator from continuing to have authority over the assets and the trust. The possibility of estate tax benefits is one advantage of irrevocable living trusts.

Testamentary trusts vs. Living trusts

A trust may be a living trust if it was established and is still in force today. A testamentary trust is another type mentioned in a person's will that is effective after their passing.

In a testamentary trust, standard requirements must be satisfied before the trustor's assets are transferred to the beneficiary. For instance, the trustee must remain in charge of the assets until the beneficiary reaches a specific age or life milestone, such as getting married, finishing college, or having a kid.

A testamentary trust's assets often must go through the probate procedure before being transferred into a living trust, but a living trust avoids probate.

What are the costs of creating a living trust in Iowa?

Your strategy may determine how much you must pay to establish a living trust. One choice is to use an online tool to assist you in drafting the trust document. Most likely, this won't cost you more than a few hundred dollars. Additionally, you can work with an attorney, who will probably cost you at least $1,000.

Making a living trust yourself costs less, but DIY estate planning has potential disadvantages. Getting all of the details right requires a lot of time and effort. If you don't believe you can accomplish that, you should consider hiring a lawyer. Just select a lawyer specializing in trusts rather than just an estate planner. Before you begin working together, be clear on your attorney's fees.

How to set up a living trust in Iowa?

How to create a living trust in Iowa is as follows:

• Choose the kind of trust you'll offer. A single trust would likely be best for you if you live alone. A joint trust should generally be established if you are married. You and your partner may simply store jointly owned assets like cars and homes, and you can put money into a joint trust.
• Make a list of your possessions. You must be completely aware of what you own and what you want to keep in the trust. Most of your assets, including stocks and bonds, are eligible to be held in the living trust property. Obtain pertinent real estate documents today, such as home deeds and stock ownership certificates.
• Choose a trustee. You can appoint yourself as trustee for now, but you'll need a successor trustee to take complete control after your passing. This individual will ensure that your assets are allocated to your beneficiaries following the terms of the trust. Decide who you want to be your beneficiaries as well.
• Create trust either on your own using an online tool or with legal assistance.
• You must sign the trust and make it notarized by a notary public. To ensure that your trust document is valid, don't forget to include witnesses.
• Pay for the trust. This entails giving the trust ownership of your assets. You can complete this by yourself, although it will involve some paperwork. It could be wise to hire legal counsel.

How can I transfer properties with ownership (Title Document) into an Iowa living trust?

The trustee's name must be registered on any trust property with ownership documentation (title papers). Your living trust will not impact any property whose ownership paperwork is not re-registered in the trustee's name.

Examples of property having transferable title documents include:

• Real estate properties such as condominiums and cooperatives
• Cars, boats, motor homes, and planes
• Personal bank accounts
• Safe deposit boxes
• Stocks and stock accounts, mutual funds
• Most of the bonds, such as U.S. government securities
• Corporations, partnerships, limited partnerships

How do I transfer untitled property into an Iowa living trust?

Even while many sorts of property, including household items, may not have a title, you can give them to the trust.

Home furnishings, apparel, accessories, jewelry, furs, tools, most farm equipment, antiquities, technology, artwork, bearer bonds, money, precious metals, and collectibles.

In Iowa, adding these items to a trust schedule is sufficient to transfer them to the trust. You can also utilize a "Notice of Assignment" form, which certifies the transfer of the specified property to the trustee's name. State law in New York mandates the use of such a separate document.

What happens to the living trust if I relocate from Iowa to another state?

If you move to a different state after creating your living trust, it remains enforceable and legitimate. Every state recognizes and permits the usage of revocable living trusts. To be sure that the property is still yours, you may wish to examine the marital property ownership laws of your new state if you're married and relocate to a common law state from a community property state or vice versa.

Do I require a living trust in Iowa?

A living trust in Iowa might help you control assets and how they will be distributed among your beneficiaries in the future. You have total control over your assets while you are still alive. After you pass away, the trust can specify the terms under which your assets will be given to your beneficiaries and transfer ownership by ensuring they are carefully managed for years to come. Property is left by will and dispersed after the probate process. Wills are more accessible to contest than trusts, making trusts safer.

Iowa living trust offers privacy like a will does not. Although itemization is not required, filing a form in Iowa stating the worth of the assets held in a trust is occasionally necessary. Both the provisions of the trust and the beneficiaries names are kept confidential.

You are protected through a revocable living trust if you become mentally incapacitated. The trust already controls, owns, and manages all of your assets. Thus, a conservatorship process is probably unnecessary to handle your finances for your benefit.

Unfortunately, Iowa is not one of the states following the Uniform Probate Code, a model statute designed to speed up the probate procedure. For "small" estates, Iowa does have streamlined probate procedures:

• Suppose the total value of your personal property is $50,000 or less, and your estate doesn't include any real estate property (except a property that transfers to a surviving spouse as a joint tenant). In that case, you may avoid probate court via an affidavit (sworn declaration) method.
• Alternatively, your estate is eligible for summary probate, probate expediency if the real estate's worth is $200,000 or less.

You might not need to worry about creating a living trust if your estate can employ one of these procedures because probate will probably be simple and reasonably affordable.

Do I still require a Will if I have an Iowa living trust?

Will have the following features that living trusts don’t:

• Appointing an executor.
• Setting specific instructions regarding estate taxes payments and debt payments.
• Selecting a guardian for minor children.
• Choosing a manager for handling minor children’s property.

You will still require a will to add a guardian for minor children. You cannot designate a guardian for your minor child through a trust. If you have little children, you should make a will that names the guardian for this reason.

A will is also needed to handle assets you haven't included in your trust yet. People frequently create trusts but fail to formally transfer ownership of assets to the trust (for instance, they never get around to updating the deed on their home). Or, after creating their trust, people acquire or inherit property and forget or are unaware that they should assume ownership as the trustee of their trust.

In either case, the assets won't be allocated following the trust's rules. You must have a will as a backup to specify how property not in the trust should be divided.

If you don't have a will, as defined by Iowa state law, your closest relatives will inherit any property that isn't transferred via your revocable or irrevocable trust or other means (such as joint tenancy).

How can I avoid Iowa's probate process?

For small estates, Iowa does provide a shortened probate process.

Use of an affidavit is one way to avoid probate if there is no real estate in the estate (apart from property passing to a spouse in joint tenancy) and the estate's total worth is less than $50,000.00. The estate is eligible for summary probate if its entire value is $200,000 or less.

These alternatives to probate court are more time- and money-efficient, and cost-effective.

In Iowa, can a living trust lower estate taxes?

Most likely not. Most living trusts can't avoid estate taxes unless you set up an AB, marital, or QTIP trust that transfers assets straight from a spouse to a surviving spouse. For estates worth more than $25,000 in Iowa, inheritance taxes are due; however, there is no tax due when assets are left to a spouse, child, grandchild, or charity. Estates over $5 million are subject to federal estate tax. Assets are not shielded from Medicaid spending by a living trust.

Revocable trusts can be amended or terminated, so they cannot be utilized to reduce or eliminate estate taxes. You'll need to create an irrevocable trust for that.

The federal estate tax applies to estates valued at over $12 million. Unlike 11 other states, there is no state estate tax in Iowa. (However, Iowa will continue to impose an inheritance tax until January 1, 2025.)

You might be eligible to use a more complex trust (such as an AB trust) to decrease or avoid estate taxes (if the estate is worth close to $12 million or if your estate plus your spouse or partner's assets are close to $24 million).

When can someone contest an Iowa living trust?

According to Iowa living trust laws, a trust may be contested under certain conditions. The likelihood that a claimant will successfully challenge a trust primarily depends on the basis for the challenge. For instance, if you disagree with a trust, you might oppose it, but the court will probably turn down your motion.

Some logical reasons to contest a living trust may include the following:

You believe fraud has occurred

A fraudulent trust might not be legitimate and could be disputed. If you think a trustor signed something different when they did or if the trust changed after they signed it, you can challenge the trust on the grounds of fraud.

Do you think the trustor wasn't mentally competent

A trust should ideally be created or entered into force while the trustor is still mentally competent. But it's not always the case. You might be able to successfully question the trust if you can show the individual who created it had no idea what they were doing.

You think that the trust was imposed on the trustor

As per the trust laws, a trust should be freely established and based on the objectives of the trustor. You might successfully oppose the trust if you show that the trustor was coerced by someone, such as a beneficiary, into creating the trust, designing the distribution plan, or selecting a particular trustee.

When opposing a trust, your prospects of victory are heavily influenced by the quality of your evidence. The individual disputing the trust has the burden of evidence. The stronger your case may be, the more proof you have that the trust was either fraudulently constituted or created under compulsion, coercion, or incapacity.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult a qualified attorney for advice on your specific situation.