
| OregonChoiceGroup.com Facebook.com/OregonChoice Instagram.com/OregonChoiceGroup |
Estate planners often recommend Living Trusts as a viable option when contemplating the manner in which to hold title to real property. When a property is held in a Living Trust, title companies have particular requirements to facilitate the transaction. While not comprehensive, answers to many commonly asked questions are below. If you have questions that are not answered below, your title company representative may be able to assist you, however, one may wish to seek legal counsel.
Who are the parties to a Trust?
A Family Trust is a typical trust in which the Husband and Wife are the Trustees and their children are the Beneficiaries. Those who establish the trust and transfer their property into it are known as Trustors or Settlors. The settlors usually appoint themselves as Trustees and they are the primary beneficiaries during their lifetime. After their passing, their children and grandchildren usually become the primary beneficiaries if the trust is to survive, or the beneficiaries receive distributions directly from the trust if it is to close out.
What is a Living Trust?
Sometimes called an Inter-vivos Trust, the Living Trust is created during the lifetime of the Settlors (as opposed to being created by their Wills after death) and usually terminates after they die and the body of the Trust is distributed to their beneficiaries.
Can a Trust hold title to Real Property?
No, the Trustee holds the property on behalf of the Trust.
Is a Trust the best way to hold my property?
Only your attorney or accountant can answer that question. Some common reasons for holding property in a Trust are to minimize or postpone death taxes, to avoid a time consuming probate, and/or to shield property from attack by certain unsecured creditors.
What taxes can I avoid by putting my property in trust?
Married persons can usually exempt a significant part of their assets from taxation and may postpone taxes after the first of them to die passes. You should check with your attorney or accountant before taking any action.
Can I homestead property that is held in a Trust?
Yes, if the property otherwise qualifies.
Can a Trustee borrow money against the property?
A Trustee can take any action permitted by the terms of the Trust, and the typical Trust Agreement does give the Trustee the authority to borrow and encumber real property. However, not all lenders will lend on a property held in trust, so check with your lender first.
Can someone else hold title for me “in trust?”
Some people who do not wish their names to show as titleholders make private arrangements with a third party Trustee; however, such an arrangement may be illegal, and is always inadvisable because the Trustee of record is the only one who is empowered to convey, or borrow against, the property, and a Title Insurer cannot protect you from a Trustee who is not acting in accordance with your wishes despite the existence of a private agreement you have with the Trustee.
Back to Table of Contents





We all lose when potential homebuyers or renters are turned away, not because of their ability to pay, but because of their race, national origin, skin color, sex, religion, familial status or because of a disability.
Safe & Secure Site! https: Secure!
Your information is always safe here and is never shared. No Registration Required to Search for Homes and get free helpful real estate information. We want your home search, negotiation and purchase to be the best possible experience from the very first click. Please call me directly if you have any concerns. Mary Anne 541-435-0000.
The information included is made available with the understanding that Oregon Choice Group is a Real Estate Agency and is not engaged in rendering legal, accounting, or other professional advice or services. If legal advice or accounting services or other expert assistance is required, the services of a competent professional person should be sought. The material contained herein is not a substitute for the advice of an attorney or other professional person(s). All information deemed reliable but not guaranteed. Listings are subject to errors, omissions, changes in price, prior sale, rental, and withdrawal without notice. All data and information set forth on this website regarding real property, for sale, purchase, rental and/or financing, are from sources regarded as reliable. No warranties are made as to the accuracy of any descriptions and/or other details and such information is subject to errors, omissions, changes of price, tenancies, commissions, prior sales, leases or financing, or withdrawal without notice. Square footages are approximate and may be verified by consulting a professional architect or engineer.
©2026, Regional Multiple Listing Service (RMLS). All rights reserved.
Information deemed to be reliable but not guaranteed and should be independently verified. The data relating to real estate for sale on this website comes in part from the Internet Data Exchange Program of the RMLS™ of Portland, Oregon. Real estate listings held by brokerage firms other than Oregon Choice Group are marked with the IDX logo and detailed information about them includes the name of the listing brokers. Listing broker has attempted to offer accurate data, but buyers are advised to confirm all items. Some properties which appear for sale on this website may subsequently have sold or may no longer be available.
Information last updated on 2026-07-03 17:30:14.