Skip to main content
(866) 465-5395 Schedule a Consultation (866) 465-5395 Schedule a Consultation

Assets That Cannot Go Into a Revocable Trust in Pennsylvania

| |

A revocable trust offers numerous benefits for individuals who manage their assets and plan for the future efficiently. Key advantages of a revocable trust include avoiding probate, maintaining privacy, and offering flexibility. Discover more benefits here.

Certain assets are typically prohibited from being placed in a revocable Pennsylvania trust. These include:

Retirement Accounts: Assets such as IRAs, 401(k)s, and other qualified retirement plans cannot be directly transferred into a revocable trust because it can trigger immediate income tax consequences. However, the trust can be designated as a beneficiary.

Life Insurance Policies: Transferring a life insurance policy ownership into a trust can complicate the income and estate tax situation. It’s generally more effective to name the trust as the policy’s beneficiary.

Vehicles: While transferring vehicle ownership to a trust is technically possible, many people avoid doing so due to the associated costs and administrative burdens.

Health Savings Accounts (HSAs) and Medical Savings Accounts (MSAs): Similar to retirement accounts, the ownership of these accounts cannot be transferred into a trust without adverse tax consequences.

Certain Business Interests: Depending on how the business is structured, transferring ownership interests like those of some limited liability companies (LLCs) or partnerships may require consent from other members or partners or might not be allowable under the business’s operating agreement.

Other Assets to Discuss with an Attorney About Adding to a Revocable Trust

While some assets are more straightforward to place into a revocable trust, others require careful consideration and professional advice:

Real Estate: Including your primary residence, vacation homes, or investment properties in a revocable trust can simplify the probate process and provide continuity in property management. However, changes to the title and potential changes in property tax assessments should be considered.

Bank Accounts: High-value checking and savings accounts may be included to avoid probate, but it’s essential to ensure that direct deposits, automatic payments, and other banking operations continue seamlessly.

Investment Accounts: Stocks, bonds, mutual funds, and brokerage accounts can also be transferred into a trust to streamline asset management and distribution. Always consider potential changes in taxation and administrative handling.

Collectibles and Precious Items: Art, jewelry, antiques, and other valuable personal property can be protected in a trust to ensure proper management and eventual transfer to heirs. However, obtaining accurate valuations and proper documentation is key.

Business Interests: If permissible, certain business interests such as shares in a corporation can be placed into a trust to ensure business continuity and efficient succession planning. This requires thorough consultation to navigate the implications and agreements involved.

Ready to discuss your estate planning needs? Please contact Petrelli Previtera at 215-645-4297

Reasons for Considering Other Arrangements

In some cases, placing assets into a revocable trust might not be the best option, and other arrangements may be more beneficial:

Tax Implications: Some assets may incur adverse tax consequences if transferred into a trust. It’s crucial to review tax laws and potential consequences with an attorney to determine the best course of action.

Administrative Burdens: Transferring asset ownership to a trust can be complicated and may require substantial paperwork and administrative work. Evaluating the effort versus the benefit is essential.

Regulatory Restrictions: Certain asset classes, such as specific business interests or accounts, might be subject to restrictions or require consents that could complicate the transfer process.

Cost Considerations: The costs associated with retitling assets, maintaining the trust, and potential legal fees should be considered. Sometimes the expenses might outweigh the benefits anticipated.

Future Flexibility: Retaining ownership of certain assets outside of a trust might offer more flexibility for future changes or to address unforeseen personal circumstances.

Discussing these elements with an estate planning attorney will help ensure that including assets in a revocable trust aligns with your overall goals and financial strategy.

Client Testimonials

Here's what our clients have to say about working with us. Please note, results may vary based on individual circumstances.

Melinda Previtera, Esq. came highly recommended to our family. Her knowledge base, professionalism, and compassion paved the way for a successful outcome. Melinda is efficient, detailed, and informative. She helps manage expectations, and postures her client for a fair and equitable result. We are happy to recommend Melinda!

Jennifer A.

My experience was very good. Everyone was professional and attentive to my needs, keeping me updated every step of the way. I couldn’t ask for a better result, highly recommended.

David R.

My marriage life has been a hell for me for the past four years until I decided to put an end to what has to be ended. Choosing a lawyer was another additional stressful part of the long process. I’m so glad that I’ve found the right one for me at Petrelli Previtera. Life isn’t always fair, but at least having her in my corner, felt even better. I couldn’t recommend her highly enough!

Caitlin B.

Serving Clients at the Following Locations

Bethesda4800 Hampden Lane, Suite 200 Bethesda MD 20814(301) 234-7409view details
Maryland5425 Wisconsin Ave Chevy Chase, MD 20815(301) 889-8085view details
ChicagoTwo Prudential Plaza 180 North Stetson Suite 3500 Chicago, IL 60601(312) 252-2085view details
Schaumburg1750 E. Golf Rd, Suite 382 Schaumburg, IL 60173(630) 491-9670view details
Texas500 W 2nd St Suite 1900 Austin, TX 78701(512) 883-1684view details
Washington DC1717 K Street NW, Suite 900 Washington DC 20006(202) 519-0366view details
Denver7900 E. Union Ave. Suite 1100, Denver, CO 80237(720) 821-6440view details
Princeton475 Wall St, Suite 214, Princeton, NJ 08540 Meeting Location: By Appointment Only (609) 917 9560 view details
Linwood210 New Road #15 Linwood, NJ 08221 Meeting Location: By Appointment Only (609) 375-0351 view details
Parsippany8 Campus Dr, Parsippany, NJ 07054 Meeting Location: By Appointment Only (973) 310-5320 view details
Philadelphia1845 Walnut Street 19th Floor Philadelphia, PA 19103(215) 523-6900view details
Montgomery County516 DeKalb Street Suite C Norristown, PA 19401(610) 924-2870view details
Doylestown123 N Broad Street, Doylestown, PA 18901(267) 938-4480view details
Abington1147 Easton Road, Abington PA 19001(610) 890-4833view details
West Chester203 W. Chestnut St., Suite 204
West Chester, PA. 19380
(610) 431-4012view details
schedule a consultation Today
Contact Us Fill out the form or call us today (866) 465-5395