Should You Put Your Home In A Living Trust In Pennsylvania? Big Picture Pros And Cons
Many Pennsylvania homeowners hear they “need” a living trust to protect their home—but that is not always true. A living trust can be a powerful tool, but whether it makes sense depends on your goals, assets, and family situation, which is why estate‑planning attorneys urge homeowners to get personalized advice instead of relying on one‑size‑fits‑all advice.
What a living trust does for your home
A living trust is an estate‑planning tool where you transfer ownership of your home into a trust during your lifetime, while still keeping control as trustee if it is revocable. When you pass away, the successor trustee follows the instructions in your trust to transfer or manage the home for your beneficiaries—often without going through probate court.
Key potential benefits attorneys highlight include:
Avoiding probate for assets titled in the trust, which can save time, streamline transfers, and avoid multiple probates if you own property in more than one state.
Maintaining privacy, since a trust typically does not become part of the public record the way a probated will does.
Providing incapacity planning, because a successor trustee can step in to manage the home if you become unable to handle your affairs.
Why a living trust might not be necessary or helpful
Pennsylvania estate‑planning lawyers point out that, unlike in some other states, the cost and complexity of probate here are relatively modest for many estates. For many individuals and couples, a simple will, beneficiary designations, and joint ownership can accomplish their goals without the extra work and cost of a trust.
Important limitations and drawbacks often mentioned include:
A standard revocable living trust does not reduce Pennsylvania inheritance tax or provide asset‑protection from creditors, because you still effectively control the property.
Setting up and maintaining a trust requires legal fees, retitling the home into the trust, updating insurance, and occasional reviews—all extra administrative work.
If the trust is set up incorrectly or not fully funded (for example, the deed is never retitled), your home may still end up in probate despite the trust.
Because of these nuances, Pennsylvania lawyers repeatedly recommend talking with an estate‑planning attorney to decide if a living trust makes sense for your specific situation instead of assuming everyone needs one.
Where Realtor Shaina McAndrews fits into your trust conversation
Realtor Shaina McAndrews is not an attorney and cannot give legal advice—but as a trusted real‑estate advisor in Greater Philadelphia, she regularly collaborates with her clients’ estate attorneys and financial planners. If your attorney recommends putting your home in a trust, Shaina can help you understand how that might affect a future sale, coordinate with the title company and attorney on the correct vesting, and advise on market timing if you plan to transfer or sell down the road.
If you are wondering whether to place your home in a trust, your best first steps are:
Schedule a consultation with a Pennsylvania estate‑planning attorney to review your options.
Reach out to Shaina McAndrews to discuss how your estate‑planning decisions could intersect with your long‑term real‑estate plans, including eventual downsizing, selling, or passing a property to loved ones.
