Drafting assignment of property to trust documents manually requires researching state-specific requirements, reviewing trust agreements to extract party details, finding compliant template language from multiple sources, and ensuring proper execution formalities. This routine but essential trust funding task consumes 2-3 hours per document, pulling attorneys away from higher-value client work.
Properly funding a trust requires meticulous assignment documents that satisfy state law requirements, include legally sufficient property descriptions, and integrate seamlessly with trust agreements. Manual drafting is time-consuming, prone to errors in property descriptions, and risks creating defective transfers that expose assets to probate or fail recording requirements.
CaseMark generates comprehensive, legally sufficient Assignment of Property to Trust documents tailored to your jurisdiction and property types. Our AI analyzes your trust agreement and property documentation to produce execution-ready assignments with proper conveyancing language, state-compliant notarial acknowledgments, and detailed property descriptions.
This workflow is applicable across multiple practice areas and use cases
Residential real estate attorneys prepare trust assignments when homeowners transfer primary residences and investment properties into revocable living trusts as part of estate planning strategies.
Transferring residential real estate into trusts is one of the most common trust funding activities, making this workflow essential for real estate attorneys who regularly assist clients with trust-related property transfers.
Real estate attorneys draft trust assignments when clients transfer commercial properties into or out of trusts for estate planning, asset protection, or transaction purposes.
Commercial real estate is frequently held in trusts, and attorneys regularly need to prepare assignment documents to transfer property interests to trusts or facilitate transactions involving trust-held properties.
Family law attorneys frequently need to draft trust assignments when handling divorce settlements involving trust assets or establishing trusts for child support and alimony payments.
Trust property transfers are common in divorce proceedings for asset division, and in establishing special needs trusts or support trusts for children, making this workflow highly applicable to family law practice.
M&A attorneys use trust assignments when business owners hold assets in revocable trusts and need to transfer business interests or when structuring transactions involving trust-held entities.
Many business owners hold their interests through trusts for estate planning purposes, requiring trust assignment documents during acquisitions, sales, or corporate restructuring transactions.
Non-profit attorneys draft trust assignments when establishing charitable trusts or when donors transfer assets to charitable remainder trusts or other planned giving vehicles.
Charitable trusts and planned giving arrangements often require formal assignment documents to transfer assets from donors to charitable trusts, making this workflow relevant for non-profit legal practice.
An Assignment of Property to Trust is the legal document that actually transfers ownership of assets from an individual into a trust structure. Without proper assignment documentation, assets remain in your individual name outside the trust, potentially defeating estate planning objectives and exposing property to probate. This document is distinct from the trust agreement itself and is essential for proper trust funding.
A comprehensive assignment can cover multiple property types including real estate, personal property, financial accounts, and business interests. However, some assets require additional transfer documentation—real property may need separate deeds in certain jurisdictions, retirement accounts require beneficiary designation forms, and financial institutions often require their proprietary transfer forms. CaseMark identifies which assets need supplemental documentation beyond the assignment.
The basic structure of an assignment is similar for both revocable and irrevocable trusts, but the legal and tax implications differ significantly. Revocable trust assignments typically involve the grantor serving as their own trustee, while irrevocable trusts involve transfers to third-party trustees with different tax consequences. CaseMark tailors the assignment language, representations, and party identification based on whether your trust is revocable or irrevocable.
Notarization requirements vary by state and property type. Most assignments should be notarized to ensure legal validity and acceptance by financial institutions. If the assignment includes real property, it typically must be recorded in the county land records where the property is located, which requires a proper notarial acknowledgment using the state's statutory form. CaseMark generates state-compliant notarial language and formats documents to meet recording requirements when applicable.
Incorrect or insufficient property descriptions can render an assignment legally ineffective, failing to transfer title and leaving assets outside the trust structure. For real property, descriptions must match the legal description in recorded deeds. For financial accounts and business interests, specific account numbers and entity details are required. CaseMark extracts precise property information from your source documents to ensure legally sufficient descriptions that effectuate valid transfers.