Estate Planning and Probate
Revocable Living Trusts in New Deal
A revocable living trust is a plan for ownership and management—not just a signed document. The practical question is which assets should be titled in the trust, who should manage them if you cannot, and how the rest of your plan will work alongside it.
Start with the ownership question
A trust may name you as the person creating it and a successor trustee to take over management under its terms. But signing the document alone does not transfer an asset into the trust. For each asset, identify its present owner, how it is titled, and what action—if any—would be needed to align ownership with your plan.
Compare a trust-centered plan with a plan that relies more heavily on a will by looking at your actual assets and management goals. A trust may provide a framework for successor management of assets titled in it; a will and beneficiary designations have different roles. Neither the trust label nor the documents alone tell you how every asset will be handled. The right comparison depends on ownership, existing designations, and the plan’s terms.
IRS guidance describes a revocable living trust as a written arrangement created during life that can be changed or ended during the individual’s life. The agreement, the person responsible for trust management and the assets actually coordinated with it are separate parts of the planning work.
- Record each asset’s current owner and title, including any co-owner.
- Note beneficiary designations separately; do not assume they change because a trust was signed.
- Mark assets that may need a title or ownership review before deciding on next steps.
Build an asset-and-action map
Bring a simple inventory rather than guessing which property belongs in the trust. For each item, write down the asset, its current title or owner, any beneficiary designation you know about, and the question you need answered. This turns a broad estate-planning conversation into a review of specific assets and coordination tasks.
- For real estate, gather the deed or other ownership record and note the property location.
- For financial accounts, list the institution, account type, owner, and any known beneficiary designation; do not include account passwords in the inventory.
- For business interests or other significant property, identify the governing ownership records and any transfer restrictions you know about.
- Flag missing documents, uncertain ownership, and assets held jointly rather than making assumptions.
Coordinate documents and decision-makers
A successor trustee’s authority comes from the trust role and its terms; it is not the same as an agent acting under a power of attorney, a court-appointed guardian or conservator, or a government-appointed benefit fiduciary. A financial power of attorney authorizes another person to act on your behalf, but its scope, duration, and limits matter. Consider which responsibilities each document is intended to address and whether the people named can coordinate.
Healthcare decisions are a separate topic. Tennessee’s advance directive form addresses a healthcare agent or alternate and healthcare preferences. It does not make a trustee the healthcare decision-maker. Keep these roles and documents distinct when organizing your plan.
Account for Sumner County property records
If real estate in Sumner County may be involved, include its ownership records in the review. The UT County Technical Assistance Service directory lists a separate Sumner County Register of Deeds contact at 355 Belvedere Drive, Room 201, Gallatin. The listed address may be a mailing address, so confirm it before visiting. A directory entry or recorded document does not determine whether a proposed transfer is appropriate or guarantee clear title.
New Deal is an unincorporated Census designated place, not a separate functioning municipal government. Do not assume there is a New Deal city recorder or municipal office for trust-related records. The firm’s office is in Murfreesboro; no additional office in New Deal is identified.
Questions to take to a planning meeting
Dale Law Group, PLLC offers revocable living trust planning. Useful questions include: Which assets should be titled in the trust, and what steps would that involve? How should jointly owned property and beneficiary-designated accounts be addressed? Who is the successor trustee, and how does that role coordinate with the person named under a financial power of attorney? What records should be reviewed before acting on real estate?
Tax treatment and reporting depend on the trust; grantor-trust treatment and separate-entity treatment differ. A trust’s name alone does not settle its tax treatment. Ask how the proposed terms affect reporting and what information should be kept with the asset inventory.
Questions to bring to the discussion
Does signing a revocable living trust put my assets into it?
No. Signing alone does not transfer an asset. Review each asset’s present ownership and determine what action, if any, is needed to coordinate it with the trust.
Is a successor trustee the same as an agent under a power of attorney?
No. These are distinct roles with different sources and limits of authority. Identify the document and role rather than assuming one person’s appointment grants every power.
Discuss your next step with Dale Law Group
Begin with a brief, non-confidential overview. The firm will discuss your needs and appointment arrangements.
General information, not advice for a particular situation. Sending an inquiry does not create an attorney-client relationship.
