5 Reasons Some Homeowners Put Their House In A Living Trust (And 5 Reasons It Might Not Be Right For You)
Putting your home into a living trust is often marketed as a must‑do step in estate planning, but Pennsylvania attorneys say the real answer is “it depends.” Here are some reasons a living trust might be attractive—and some reasons your attorney might advise against it.
Five common reasons homeowners use a living trust
Estate‑planning guides and law firms list several advantages of placing a home into a living trust:
Avoiding probate for the house
Assets properly titled in a living trust generally pass outside of probate, which can save time and administrative hassle for your heirs.
Maintaining privacy
A will typically becomes public once probated, but a living trust usually remains private, keeping details about your property and beneficiaries out of public records.
Planning for incapacity
If you become incapacitated, a successor trustee can manage the trust property without a court guardianship, which can be especially valuable if your home is your largest asset.
Coordinating multi‑state property
If you own homes in more than one state, a trust can help avoid separate probate proceedings in each state, simplifying things for your family.
Providing structure for complex family situations
Trusts can set conditions and timelines, for example allowing a surviving spouse or child to live in the home for a time and then directing what happens next, which can help blended families or families with special‑needs beneficiaries.
Five reasons your attorney might not recommend a trust for your home
At the same time, Pennsylvania‑based attorneys emphasize that many people here may see limited benefit from a revocable living trust focused solely on avoiding probate.
Limited tax benefits in Pennsylvania
A revocable living trust usually does not reduce Pennsylvania inheritance tax or federal estate tax on its own because you retain control of the assets.
No automatic creditor protection
Assets in a revocable trust are typically still reachable by your creditors; if asset protection is a priority, attorneys often look to different tools (like certain irrevocable trusts or other structures).
Additional cost and complexity
There are legal fees to draft the trust, plus the work and cost of retitling the home, updating insurance, and maintaining the trust, which may not pay off if your estate is otherwise straightforward.
Pennsylvania probate is not always burdensome
Several Pennsylvania firms note that probate here can be relatively efficient and inexpensive compared with other states, meaning avoiding probate alone may not justify a trust.
Mistakes in setup can undermine the plan
If the deed is never transferred, beneficiary designations are inconsistent, or the trust terms are not updated after life changes, your home might still go through probate or cause confusion.
Because of these trade‑offs, homeowners are strongly encouraged to review their total financial picture with a qualified estate‑planning attorney instead of relying on generic “everyone needs a trust” advice.
How Realtor Shaina McAndrews works alongside your estate attorney
Your attorney’s job is to design the right legal structure; Realtor Shaina McAndrews’ job is to help you plan and execute your real‑estate decisions within that structure. In Greater Philadelphia, Shaina frequently works with clients who have homes in trusts, helping them understand:
How a trust‑owned property is listed and sold.
Which parties (trustees, beneficiaries) will need to sign documents.
How timing and market conditions might affect a future sale or transfer.
Shaina cannot tell you whether you should put your home in a trust—that is a legal question—but she can coordinate with your chosen attorney and title company to ensure any future sale or purchase goes smoothly. If you are considering a trust, it is wise to loop Shaina into the conversation early so your legal plan and real‑estate strategy work together, not against each other.
