Monthly Newsletter
Thinking of buying or selling a home in Berkeley?
At Calia Homes, we specialize in helping East Bay clients navigate the Berkeley real estate market with confidence. Whether you're a first-time buyer searching for the perfect home near the Gourmet Ghetto or a longtime homeowner preparing to sell in the Elmwood or Northbrae neighborhoods, our experienced Berkeley Realtors offer trusted guidance, local expertise, and a people-first approach. With decades of experience and a reputation built on referrals, we’re here to help you make smart, successful real estate decisions in Piedmont and the surrounding East Bay communities.
Shield Your Estate from This Costly Refinance Pitfall
Homeowners often create living trusts for effective estate planning. A trust enables smooth property transfer to loved ones, avoids probate, and keeps family matters private. However, a common oversight during refinancing is temporarily removing the home from the trust. If it's not transferred back, the trust no longer governs the property, which can have significant consequences. Why Homes Are Taken Out of Trusts When Refinancing Lenders typically require properties to be transferred from a trust to the homeowner's name for simplification. At closing, the title company prepares a deed for this transfer, completing the refinance in the homeowner's name. After funding, a new deed should be recorded to return the property to the trust, but many homeowners assume this happens automatically. If not, the property remains in the homeowner's name, and the trust loses control over it. A Common Scenario Estate attorneys often encounter this issue. For example, a woman was named successor trustee of her mother’s trust. Her mother refinanced to lower payments, but after her passing, it was discovered that the home had not been returned to the trust. Consequently, the property was not legally part of the trust, delaying the sale and requiring a court order. Consequences of Not Returning a Home to the Trust The probate process can take six months to two years in California and is public, exposing estate details. Additionally, probate costs can range from 3% to 8% of the estate's value. For example, a $1M home could incur over $23,000 in fees. Trusts are meant to prevent this lengthy and costly process, allowing for quicker, private transfers to beneficiaries. How to Return Your Home to the Trust To return a home to a trust, record a new deed (usually a grant or quitclaim deed) to transfer ownership back. Estate planning attorneys and title companies can assist, and costs are minimal compared to potential probate fees. If you refinanced after establishing your trust, check how your property is titled. Your estate planning attorney or refinance title company can help, and the county recorder can confirm the latest deed. Protecting Your Home's Legacy For many families, a home symbolizes stability and generational wealth. Living trusts are designed to protect this legacy by ensuring smooth property transfers. While refinancing can be beneficial, it's crucial to complete all necessary steps to maintain your estate plan's integrity. Please reach out to us if you have questions or would like a referral to lenders or trust and estate attorney.
Stay up to date on the latest real estate trends.
Monthly Newsletter
Monthly Newsletter
At Calia Homes we believe in helping our clients build lasting generational wealth using powerful strategies like the 1031 exchange.
Monthly Newsletter
Every spring, clients ask the same question: should I wait for rates to drop? This year, the answer depends less on the Federal Reserve and more on what's happening i… Read more
Monthly Newsletter
If you’ve opened a renewal notice recently and done a double-take at the premium, you’re not alone.
Monthly Newsletter
Every spring, clients ask the same question: should I wait for rates to drop? This year, the answer depends less on the Federal Reserve and more on what's happening i… Read more
Monthly Newsletter
Every spring, clients ask the same question: should I wait for rates to drop? This year, the answer depends less on the Federal Reserve and more on what's happening i… Read more
Monthly Newsletter
Homeowners often create living trusts for effective estate planning. A trust enables smooth property transfer to loved ones, avoids probate, and keeps family matters p… Read more
Monthly Newsletter
Homeowners often create living trusts for effective estate planning. A trust enables smooth property transfer to loved ones, avoids probate, and keeps family matters p… Read more
Monthly Newsletter
California's newest round of Accessory Dwelling Unit (ADU) laws represents one of the most significant shifts in small-scale housing in years. While...
Let's schedule a time to discuss your goals and aspirations, and determine how we can best help you.